R24-198 RESOLUTION NO. R24-198
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE PALM BEACH
5 COUNTY SHERIFF FOR THE OPERATION STONEGARDEN GRANT PROGRAM;AND FOR
6 ALL OTHER PURPOSES.
7
8 WHEREAS, part I of Chapter 163 of the Florida Statutes permits public agencies as defined
9 therein to enter into interlocal agreements with each other to exercise jointly any power, privilege,
10 or authority which such agencies share in common and which each might exercise separately;and
11 WHEREAS, the U.S. Department of Homeland Security, Federal Emergency Management
12 Agency, through the State of Florida Division of Emergency Management, awarded a grant in the
13 amount of $495,000 to the Palm Beach County Sheriff ("Sheriff") from the Fiscal Year 2023
14 Operation Stonegarden Grant ("OPSG") Program, Award #R0926; and
15 WHEREAS, the OPSG Program allows local police agencies to participate in Stonegarden
16 operations as friendly forces to assist the U.S. Border Patrol ("U.S.B.P") in securing our borders;
17 and
18 WHEREAS, the Sheriff and the City of Boynton Beach, through its Police Department
19 ("City"), hereby agree to work cooperatively in regard to the OPSG as set forth herein below; and
20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
21 best interests of the city's citizens and residents to approve an Interlocal Agreement with the
22 Sheriff for the OPSG Program.
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
25 BEACH, FLORIDA, THAT:
26 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption.
28 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
29 approve an Interlocal Agreement, between the Palm Beach County Sheriff and the City for the
30 Operation Stonegarden Grant Program (the"Interlocal Agreement"), in form and substance similar
31 to that attached as "Exhibit A. "
32 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
33 authorizes the Mayor to execute the Interlocal Agreement. The Mayor is further authorized to
34 execute any ancillary documents required under the Agreement or necessary to accomplish the
35 purposes of the Agreement and this Resolution.
36 SECTION 4. The City-executed Interlocal Agreement shall be provided to Jaclyn Smith
37 to obtain execution by the Palm Beach County Sheriff. Upon execution by all parties, the Interlocal
38 Agreement shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as
39 required by Section 163.01(11), Florida Statutes, for interlocal agreements. Jaclyn Smith is to
40 ensure that the City receives a copy of the recorded Interlocal Agreement.
41 SECTION 5. This Resolution shall take effect in accordance with law.
42
43 PASSED AND ADOPTED this 3 day
of 2024.
44 CITY OF BOYNTON BEACH, FLORIDA
45 Y7- NO
46 Mayor—Ty Penserga
47
48 Vice Mayor—Aimee Kelley
49 t./
50 Commissioner—Angela Cruz
51
52 Commissioner—Woodrow L. Hay
53
54 Commissioner—Thomas Turkin
55
56 VOTE
57 ATTE •
58 ite
59
60 Maylee D :sus, MPS, MMC T. a r y 27
61 City Cler Ma .r
62 gOYN ��
63 o�G�F
rrF ••O ` APPROVED AS TO FORM:
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64 (Corporate Seal) y SATF•' F
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•'• 1920.••' Shawna G. Lamb
68 `� LORIDA = City Attorney
AN INTERLOCAL AGREEMENT BETWEEN THE PALM
BEACH COUNTY SHERIFF AND THE CITY OF BOYNTON
BEACH, FLORIDA PERTAINING TO THE OPERATION
STONEGARDEN GRANT PROGRAM
WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined
therein to enter into interlocal agreements with each other to exercise jointly any power,
privilege, or authority which such agencies share in common and which each might exercise
separately;and
WHEREAS, the U.S. Department of Homeland Security, Federal Emergency Management
Agency, through the State of Florida Division of Emergency Management, awarded a grant in
the amount of$495,000 to the Palm Beach County Sheriff(SHERIFF)from the Fiscal Year 2023
Operation Stonegarden Grant(OPSG)Program,Award#R0926;and
WHEREAS, the OPSG Program allows local police agencies to participate in Stonegarden
operations as friendly forces to assist the U.S.Border Patrol(U.S.B.P)in securing our borders;
WHEREAS,the Sheriff and the City of Boynton Beach Police Department(CITY)hereby agree
to work cooperatively in regards to the OPSG as set forth herein below.
NOW,THEREFORE,in consideration of the foregoing,the parties agree as follows:
Article 1.Purpose
This interlocal agreement (agreement) delineates the responsibilities of the CITY for activities
under FY23 Operation Stonegarden Grant Program, the proceeds of which are being made
available by the U.S. Department of Homeland Security, Federal Emergency Management
Agency.
Article 2.Scope
The provisions of this agreement apply to Fiscal Year 2023 OPSG activities to be performed by
the parties hereto at the request of the federal government,and in furtherance of its border
security mission.
Article 3. CITY agrees to:
A.Conduct border security activities in coordination with the SHERIFF and U.S.B.P to
increase the capacity to respond to,detect,and deter transnational criminal activities(see
Attachment A-Operations Order).
B.Comply with the Fiscal Year 2023 OPSG grant reporting requirements and Operations
Order#23-MIPMIP-10-003 VO.
C.Provide monthly requests to the SHERIFF with supporting documentation(payroll
records,time and attendance forms,DARs)for reimbursement of overtime expenses,
including fringe benefits.
D.Maintain records to justify all charges,expenses,and costs incurred in estimating and
performing the work for at least three years after completion or termination of this
Agreement. Provide the SHERIFF with access to CITY books,records,and documents
such that the SHERIFF may inspect or audit these records,upon request during normal
business hours,at the CITY's Police Department.
Article 4.The SHERIFF agrees to:
A.Reimburse the CITY in an amount not to exceed$53,000 for overtime expenses,
including fringe benefits(FICA and Retirement only)associated with the Fiscal Year
2023 OPSG Grant Program.
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B.Reimburse the CITY within 30 days after receipt and verification of any
reimbursement request provided it contains the necessary accurate and detailed
supporting documentation.
Article 5.Term of Agreement and Obligation to Pay:
The term of this Agreement shall commence upon its execution by both the SHERIFF and the
CITY and shall terminate on September 30,2025,or until the expiration of the FY2023 OPSG
grant agreement#R0926 if extended by the grantor agency.
Article 6.Liability
Each party to this Agreement shall be liable for its own actions and negligence and,to the extent
permitted by law,the CITY shall be responsible to the SHERIFF for any actions,claims or
damages arising out of the CITY's negligence in connection with this Agreement,and the
SHERIFF shall be responsible to the CITY for any actions,claims,or damages arising out of
SHERIFF's negligence in connection with the Agreement. The foregoing shall not constitute a
waiver of sovereign immunity beyond the limits set forth in Section 768.28,Fla.Stat.
Article 7. Indemnification
The CITY recognizes it may have liability for certain tortious acts of its agents,officers,and
employees,with said liability being limited by the provisions of§768.28 Fla.Stat.,provided,
however,that this indemnification provision shall not be construed as a waiver of any
constitutional or statutory rights or defenses that the CITY may possess and the CITY reserves
all such rights as against any and all claims that may be brought under this Agreement.
The SHERIFF recognizes it may have liability for certain tortious acts of its agents,officers,and
employees,with said liability being limited by the provisions of§768.28 Fla.Stat.,provided,
however,that this indemnification provision shall not be construed as a waiver of any
constitutional or statutory rights or defenses that the SHERIFF may possess and the SHERIFF
reserves all such rights as against any and all claims that may be brought under this Agreement.
Article 8. Insurance
The Parties shall each maintain their own insurance policies during the term of this Agreement.
The SHERIFF warrants that it is self-insured and/or shall maintain general liability insurance as
required by law. The CITY shall provide the SHERIFF with a copy of its General Liability
certificate of insurance.
Article 9. Non-Discrimination
The Parties shall not discriminate on the basis of race,age,religion,color,gender,national
origin,marital status,disability or sexual orientation.
Article 10. Modifications of Work
This Agreement or the Scope of Work may only be modified or amended only by the mutual
written consent of the Parties.
Article I I. Relationship of the Parties
The Parties hereto acknowledge that their relationship is that of independent contractors. No
employee of either party shall be deemed an employee of the other party. Nothing contained
herein shall be construed to create a partnership or joint venture between the Parties.
Article 12. No Third Party Beneficiaries
This Agreement and the provisions hereof are for the exclusive benefit of the Parties hereto and
their affiliates and not for the benefit of any third person,nor shall this Agreement be deemed to
confer or have conferred any rights,express or implied,upon any other third person.
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Article 13. Notices
Any notices to be provided hereunder shall be in writing and given by personal service,mailing
the same by United States certified mail,return receipt requested,and postage prepaid or a
nationally recognized overnight carrier,addressed as follows:
If to SHERIFF to: Ric L.Bradshaw
Palm Beach County Sheriff's Office
3228 Gun Club Road
West Palm Beach,Florida 33406
With a copy to: Catherine M.Kozol,Esq.
Division of Legal Affairs
Palm Beach County Sheriff's Office
3228 Gun Club Road
West Palm Beach,Florida 33406
If to CITY to: Chief of Police Joe DeGiulio
Boynton Beach Police Department
2100 High Ridge Road
Boynton Beach,Florida 33426
With a copy to: Shawna Lamb,Esq.
City Attorney
100 E.Ocean Avenue
Boynton Beach,Florida 33435
Article 14. Severability
The invalidity or unenforceability of any provision or clause hereof shall in no way effect the
validity or enforceability of any other clause or provision hereof.
Article 15. Waiver and Delay
No waiver or delay of any provision of this Agreement at any time will be deemed a waiver of
any other provision of this Agreement at such time or will be deemed a waiver of such provision
at any other time.
Article 16. Assignment;Binding Agreement
Neither party shall assign this Agreement without the written consent of the other party,which
consent shall not be unreasonably withheld or delayed. This Agreement shall be binding upon
and inure to the benefit of the Parties hereto and their respective successors and permitted
assigns.
Article 17.Governing Law and Venue
This Agreement shall be construed in accordance with the laws of the State of Florida. Any
dispute arising with respect to this Agreement is subject to the laws of Florida. Venue shall lie in
Palm Beach County,Florida.
Article 18.Entirety of Contractual Agreement
The SHERIFF and the CITY agree that this Agreement sets forth the entire agreement between
the Parties,and that there are no promises or understandings other than those stated herein. None
of the provisions,terms and conditions contained in this Agreement may be added to,modified,
superseded or otherwise altered,except by written instrument executed by the Parties hereto in
accordance with Article 10-Modifications of Work.
Article 19.Termination
This Agreement may be terminated without cause by either party to the Agreement upon 60 days
written notice to the other party.
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IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the last date
all signatures below are affixed.
CITY OF BO-YNTON�BEACH,FLORIDA
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Dated: - Y ZO2'1 ;I c.) •y
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APPROVED AS TO FORM AND •!c'� 1920 : j
LEGAL SUFFICIENCY 11t ••••........FLOROQ.
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By: jaeXia (N/!h �•.
Shawna Lamb,Esquire
SHERIFF OF PALM BEACH COUNTY
By:
Ric L.Bradshaw
Dated:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Catherine M.Kozol,Esquire
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