R25-216 RESOLUTION NO. R25-216
1
2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
3 BEACH, FLORIDA, APPROVING A MEMORANDUM OF
4 UNDERSTANDING BETWEEN THE CITY OF BOYNTON BEACH AND THE
5 HEALTH CARE DISTRICT OF PALM BEACH COUNTY TO ESTABLISH A
6 PILOT PROGRAM THAT COULD ASSIST LAW ENFORCEMENT TO
7 EFFECTIVELY RESPOND TO AND LINK PALM BEACH COUNTY
R RESIDENTS TO APPROPRIATE BEHAVIORAL HEALTH OR SUBSTANCE
9 ABUSE SERVICES; AND FOR ALL OTHER PURPOSES.
I0
11 WHEREAS, the Health Care District of Palm Beach County ("District") is an independent
12 special taxing district created with the intent of maximizing the health and well-being of Palm
13 Beach County residents by providing comprehensive planning, funding, and coordination of
14 health care service delivery by creating a county-wide comprehensive health care service; and
is WHEREAS, the District and the City of Boynton Beach, Florida ("City") have recognized
Io that creating a comprehensive and coordinated behavioral health system is a priority for many
17 reasons, including the improvement of health care by connecting residents with quality, timely
18 care through the least restrictive system of treatment, and reducing the strain on the criminal
10 justice system and hospital emergency rooms; and
20 WHEREAS, the City and the District wish to develop a pilot program that would give the
21 Boynton Beach Police Department an additional tool to link individuals voluntarily seeking
22 behavioral health or substance abuse services with such services in a clinical setting; and
23 WHEREAS, the District operates the C.L. Brumback Primary Care Clinic ("Clinic"), which
24 provides behavioral health or substance abuse services to residents of Palm Beach County; and
25 WHEREAS, the Boynton Beach Police Department regularly encounters individuals who
26 may benefit from the services of the District and are willing to transport such individuals to the
27 Clinic; and
28 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
20 best interests of the city's citizens and residents to approve the Memorandum of Understanding
30 ("MOU") between the City and the District for the establishment of a pilot program to assist law
31 enforcement to effectively respond to and link Palm Beach County residents to appropriate
32 behavioral and/or substance abuse services.
RESOLUTION NO. R25-216
33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
34 BEACH, FLORIDA, THAT:
35 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
36 being true and correct and are hereby made a specific part of this Resolution upon adoption.
37 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
38 approve the MOU in form and substance similar to that attached as Exhibit A.
39 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
40 authorizes the Mayor to execute the MOU.The Mayor is further authorized to execute any ancillary
41 documents required under the MOU or necessary to accomplish the purposes of the MOU,
42 including any term extensions as provided in the MOU, provided such documents do not modify
43 the material terms.
44 SECTION 4. The Mayor-executed MOU shall be forwarded to Christine Miner to obtain
45 execution of the MOU by the Health Care District of Palm Beach County. Christine Miner shall be
46 responsible for ensuring that one fully executed MOU is returned to the City, to be provided to
47 the Office of the City Attorney for forwarding to the City Clerk for retention as a public record.
48 SECTION 5. This Resolution shall take effect in accordance with the law.
49
50
51
52 [SIGNATURES ON THE FOLLOWING PAGE]
53
54
55
56
57
58
RESOLUTION NO. R25-216
59
60 PASSED AND ADOPTED this rf)1 day of G`cz3uLSN" , 2025.
61 CITY OF BOYNTON BEACH, FLORIDA
62 YES NO
63 Mayor— Rebecca Shelton ✓
64
65 Vice Mayor—Woodrow L. Hay
66
67 Commissioner—Angela Cruz
68
69 Commissioner—Thomas Turkin ✓
70
71 Commissioner—Aimee Kelley ✓
72
73 VOTE 5-a
74 ATTEST:
75
76 (�71
MPA,, C Rebecca Shelton
78 City Clerk Mayor
79
80 NSON e �•. APPROVED AS TO FORM:
81 (Corporate Seal QPQo i.°°•.$5,'�+
82 i p w� �Y
gyp;
83 $ S Q—0 �I� I
84 'o�v';�NG010�Z�;' ; Shawna G. Lamb
85 X14 �••... .•'�pQ'% City Attorney
0
'�. F'-
86 , =
87
HCD ID#
MEMORANDUM OF UNDERSTANDING
BEHAVIORAL HEALTH SERVICES
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into
the later of the or the last date of signature ("Effective Date"), by and between
the Health Care District of Palm Beach County, an independent special taxing district of the State
of Florida subject to the Palm Beach County Health Care Act (Chapter 2003-326, Laws of Fla.)
and its Affiliates and Subsidiaries("District")and, the City of Boynton Beach,a Florida municipal
corporation("COBB"). Together District and COBB are collectively referred to as(the"Parties")
and each individually is a ("Party").
WITNESSETH:
WHEREAS, this MOU establishes a pilot program that can assist law enforcement to
effectively respond to and link Palm Beach County residents to appropriate behavioral health or
substance abuse services ("Services"); and
WHEREAS, the District is an independent special taxing district created with the intent of
maximizing the health and well-being of Palm Beach County residents by providing
comprehensive planning, funding and coordination of health care service delivery by creating a
countywide comprehensive health care service; and
WHEREAS, the District and COBB have recognized that creating a comprehensive and
coordinated behavioral health system is a priority for many reasons including improving health
care by connecting residents with quality, timely care through the least restrictive system of
treatment, and reducing strain on the criminal justice system and hospital emergency rooms; and
WHEREAS, the District operates the C.L Brumback Primary Care Clinic ("Clinic")
currently located at 2051 45th St #300, West Palm Beach, 33407 and the Clinic provides the
Services that may be needed by residents of Palm Beach County; and
WHEREAS, the Boynton Beach Police Department ("BB Police"), regularly encounters
individuals who may benefit from the Services, and may be willing to voluntarily seek such
Services in a clinical setting; and
WHEREAS, the Parties wish to develop a pilot program which would give the BB Police
an additional tool to link such individuals to the Services on a voluntary basis and BB Police is
willing to transport individuals who voluntarily desire the Services to the Clinic; and
NOW THEREFORE, in consideration of the terms and conditions and mutual promises set
forth herein and the benefits flowing each to the other, it is hereby agreed by and between the
Parties hereto as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by reference.
2. Cost and Services.
Page 1 of 6
HCD ID#
a. During the Term, the Parties are each responsible for their own costs of providing
the services referenced herein to individuals in Palm Beach County.
b. BB Police officers will attempt to call the Clinic teams on a documented line to
report on transport, estimated time of arrival and also confirm that this is a
consensual encounter of an individual and that the individual does not meet criteria
for Baker Act, Marchman Act, medical transfer or jail transfer and is voluntarily
transporting over to the Clinic.
c. The District agrees to provide an initial behavioral health assessment ("Initial
Assessment" to individuals brought to the Clinic by BB Police to determine
whether the individuals are in need of the Services.
d. BB Police agrees to bring individuals who voluntarily desire the Services to the
Clinic for an Initial Assessment provided the individuals at the time of their initial
encounter with BB Police:
i. Do not satisfy Baker Act or Marchman Act Criteria per BB Police protocol;
ii. Are not in a medical emergency or in need of any other medical needs;
iii. Are non-violent;
iv. Are not committing a crime, under arrest or in law enforcement custody;
and
v. Voluntarily agree to be transported to the Clinic for an Initial Assessment.
e. BB Police agrees to remain at the Clinic during the Initial Assessment of the
individual.
f. After the Initial Assessment, the Clinic may request that the individual voluntarily
remain at the Clinic to receive Services or may determine that the individual is not
in need of the Services.
g. If the individual is not eligible to receive the Services or elects to not voluntarily
remain at the Clinic to receive the Services, BB Police may leave the Clinic
provided the individual at the time does not satisfy Baker Act or Marchman Act
Criteria. If deemed necessary, BB Police may assist with escorting the individual
from the Clinic to any reasonable location or may be asked to transport the
individual to a more appropriate health setting (e.g., a hospital emergency
department).
3. Development of Procedures and Protocols. The District and COBB acknowledge
that further procedures and protocols may need to be developed in order to consistently
and appropriately implement the Pilot Program. COBB further acknowledges that such
procedures and protocols are necessary and must be strictly adhered to in order for the
District to operate within the limits of its licenses. The Parties agree to, prior to
implementation of the program, to develop such procedures and protocols that are
Page 2 of 6
HCD ID#
mutually agreeable to the Parties. The Parties designee for developing such procedures
and protocols are as follows:
As to the District: Chief Medical Director or designee
As to the COBB : Chief of Police or designee
4. Training.The District and BB Police recognize that training may be necessary in order
to maximize the benefits of the Pilot Program. Subject to the prior approval by the
Chief of BB Police and Chief Medical Director, and as frequent as necessary, the
Parties will coordinate the necessary training.
5. Hours of Operation. The Pilot Program will be operational during the hours that the
Clinic is open for business. The District will provide written notification to the BB
Police of any change in operating hours.
6. Data Sharing and Information Exchange. Both the District and COBB agree that
each requires information from the other to fully evaluate the effectiveness of the Pilot
Program and optimize, expand or terminate the Pilot Program accordingly._Without
transferring any protected health information or any other sensitive data that may be
protected pursuant to CJIS or HIPAA, the District and COBB will share appropriate
information reasonably necessary to serve and advance their interests.
7. Pilot Program Start Date: The Pilot Program will commence on the date agreed to by
the Parties' representatives identified in Section 3 of this Agreement,but in no case any
later than 60 days after approval of this MOU.
8. Term; Termination: This MOU shall continue in full force and effect for 18 months
unless otherwise terminated pursuant to the terms and conditions set forth herein
("Term"). Either Party may terminate this MOU, with or without cause, upon ten (10)
days written notice to the other Party.
9. Notice: Notice as required herein shall be considered sufficient when sent by certified
mail or hand delivered to the parties at the addresses listed below.
District: Rebecca Shelton:
Chief Executive Officer Mayor
Health Care District of Palm Beach County City of Boynton Beach
1515 N. Flagler Dr., Suite 101 100 East Ocean Avenue
West Palm Beach, FL 33401-3429 Boynton Beach, FL 33435
10. No Assignment. This Agreement shall not be assigned or transferred by either Party.
11. Severability. Should any provision of this MOU be declared invalid by a court of
competent jurisdiction, same shall be deemed stricken here from and all other terms
and conditions of this MOU shall continue in full force and effect as if such invalid
provision has never been a part hereof.
Page 3 of 6
HCD ID#
12. Sovereign Immunity. Without waiving their sovereign immunity and subject to the
limitations set forth in Florida Statute § 768.28,the Parties shall be responsible for their
own negligent or wrongful acts or omissions and the negligent or wrongful acts or
omissions of their employees provided that such acts or omissions are within the scope
of their employment. COBB and District waive all remedies with respect to each other,
including, but not limited to, consequential and incidental damages. The remedies
provided herein are exclusive. COBB and the District warrant they are self-insured
and/or shall maintain liability insurance as required by law. To the extent, the Parties
have partially waived their immunity to tort claims as described in s. 768.28, Florida
Statutes, the Parties are protected for a claim or judgment by any one person in a sum
not exceeding TWO HUNDRED THOUSAND DOLLARS ($200,000) and for total
claims or judgment arising out of the same incident or occurrence in a total amount not
exceeding THREE HUNDRED THOUSAND DOLLARS ($300,000). Personnel and
agents of the Parties are not individually subject to actions arising from their official
functions. Any damages allocated against the Parties as prescribed by Florida Statutes
§766.112,are not subject to reallocation under the doctrine ofjoint-and-several liability
to codefendants in professional liability actions. The sole remedy available to a
claimant to collect damages allocated to a Party is as prescribed by Florida Statutes
§768.28.
13. Insurance. Each Party shall maintain workers compensation coverage required by law,
comprehensive general liability,and professional insurance covering each Party in such
amounts as are acceptable by each Party. Insurance coverage may be obtained from
commercial insurance carriers deemed acceptable by the Parties or by evidence of self-
insurance programs.
14. E-Verify. Both Parties warrant and represent that they are in compliance with section
448.095, Florida Statutes, as may be amended. The Parties have registered with and
use the E-Verify System, to electronically verify the employment eligibility of all
newly hired workers. Either Party may terminate this MOU if it has a good faith belief
that the other Party has knowingly violated Section 448.09(1), Florida Statutes, as may
be amended.
15. Public Records. Notwithstanding anything contained herein, as provided under Section
119.0701,F.S.,both parties to this MOU shall comply with the requirements of Section
119.0701, F.S., as it may be amended from time to time. The parties are specifically
required to keep and maintain public records required by law.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS OR DESIGNEE AT HEALTH CARE
DISTRICT OF PALM BEACH COUNTY AT (561) 642-1022,
Page 4 of 6
HCD ID#
RECORDSCUSTODIAN@HCDPBC.ORG 1515 N. FLAGLER
DRIVE, SUITE 101, WEST PALM BEACH, FL 33401.
16. Waiver. Any waiver by either Party of any one or more of the covenants, conditions, or
provisions of this MOU, shall not be construed to be a subsequent waiver of the same
or any covenant, condition or provision of this MOU.
17. Entire Understanding; Modification. This Agreement constitutes the entire
understanding of the Parties regarding the Pilot Program. It may not be modified or
any of its provisions waived, unless such modification and/or waiver is in writing and
is agreed to and signed by both Parties. This MOU will not create a legal entity, create
any rights in third persons, or create any contractual obligations between the Parties.
No provision of this MOU is intended to or shall be construed to, create any third party
beneficiary or to provide any rights to any person or entity not a party to this MOU,
including but not limited to any citizen or employees of COBB.
[Signature on Following Page]
Page 5 of 6
Docusign Envelope ID:9E7CD498-5D52-4673-A847-0280CCB87937
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding Behavioral Health Services to be signed by their duly authorized officers.
HEALTH CARE DISTRICT OF PALM
BEACH COUNTY
By: V .l. V*v s
Priname: Darcy Davis, CEO
Date: 9/28/2025
e/4, , a
municipal co rition.
By: ----�
ebecca Shelton, Mayor
Date: Q u..Sit 19 , 2025
ATTEST: �0OTOyi ' e� 1
%� ORAT •• 9 1
.
i r�liJ i
�C� i
U �OR�
Clerk Oe r � \Nc
9
,� ... ..
FLOR P
� �O
Attorney's Office Approved as to
Fo and Legality
By.
Page 6 of 6