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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 S:\CC\WP\CCAGENDA\2024\01-16-2024 CC\R24-005 First Amendment to S.A.F.E. Grant 23-24 - Reso 1 .docx 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: •V 76 (Corporate Seal) ;_; S0.Ci-V 77 �i v; 7c,OR�20 l/I,�/n/' ,,/ LA YO410� 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 Y Ooe, I 0 1 �r0N0 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 Atter pV NTON �1 / iO�c ..00,0RA7.4. F _ B • 11. • • • Maylee De e. MMC Ci Clerk O: TED: INCORPORA 1924 . ,t�.���FLOR° 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