R21-023 1 RESOLUTION NO. R21-0 0(
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN
4 INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY
5 SHERIFF AND THE CITY OF BOYNTON BEACH, FLORIDA
6 PERTAINING TO THE OPERATION STONEGARDEN GRANT
7 PROGRAM SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY;
8 AND PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS, The U.S. Department of Homeland Security, Federal Emergency
11 Management Agency, through the State of Florida Division of Emergency Management, awarded
12 a grant to the Palm Beach County Sheriff from the Fiscal Year 2020 Operation Stonegarden Grant
13 (OPSG) Program, Award #R0235; and
14 WHEREAS, The Sheriff will reimburse the City of Boynton Beach Police Department
15 for overtime expenses associated with the OPSG; conducting border security activities in
16 coordination with the Sheriff and U.S.B.P to increase the capacity to respond to, detect, and deter
17 transnational criminal activities; and
18 WHEREAS, The OPSG Program will allow the Boynton Beach Police Department to
19 participate in Stonegarden operations as friendly forces to assist the U.S. Border Patrol (U.S.B.P)
20 in securing our borders; and
21 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
22 recommendation of staff, deems it to be in the best interests of the City residents to approve and
23 authorize the City Manager to sign an Interlocal Agreement with the Palm Beach County Sheriff
24 pertaining to the Operation Stonegarden Grant Program subject to the approval of the City
25 Attorney.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. Each Whereas clause set forth above is true and correct and incorporated
29 herein by this reference.
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30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
31 approve and authorize the City Manager to sign an Interlocal Agreement with the Palm Beach
32 County Sheriff pertaining to the Operation Stonegarden Grant Program subject to the approval of
33 the City Attorney. A copy of the Interlocal Agreement is attached hereto as Exhibit"A".
34 Section 3. That this Resolution shall become effective immediately upon passage.
35 PASSED AND ADOPTED this 16th day of February, 2021.
36 CITY OF BOYNTON BEACH, FLORIDA
37
38 YES NO
39 Mayor—Steven B. Grant
40
41 Vice Mayor—Ty Penserga ✓
42 •
43 Commissioner—Justin Katz
44
45 Commissioner—Woodrow L. Hay t/
46
47 Commissioner—Christina L. Romelus
48
49 VOTE 5 "0
50 ATTEST:
51
52
53 av19-77/2101-0
54 ammy Stanzi e
55 Deputy City C erk
56
57
58 (Corporate Seal)
•f
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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$352,440 to the Palm Beach County Sheriff(SHERIFF)from the Fiscal Year 2020
Operation Stonegarden Grant(OPSG)Program,Award#R0235;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 FY2020 Operation Stonegarden Grant Program(OPSG),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 2020 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 2020 OPSG grant reporting requirements and Operations
Order#21-MIPMIP-10-007 VO.
C.Provide monthly requests to the SHERIFF with supporting documentation(payroll
records,time and attendance forms)for reimbursement of expenses,including overtime.
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$25,000 for overtime expenses,
including fringe benefits(FICA and Retirement only)associated with the Fiscal Year
2020 OPSG.
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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
11 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 March 31,2022,or until the date of the expiration of the 2020
OPSG grant agreement 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 SHERRIFF 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 11.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
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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.
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.
Department 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 Michael G.Gregory
Boynton Beach Police Department
2100 High Ridge Road
Boynton Beach,Florida 33426
With a copy to: James A.Cherof,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
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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.
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the last date
all signatures below are affixed.
CITY OF BOYNTON BEACH,FLORIDA
By: 4.4.- -44-t'-s.`—
Lori LaVerriere,City Manager
Dated: () )/,.)D/`J(7c )
APPROVED AS TO FIRM AND
LEGAL SU ICIE CYC
By: IAk /
Jame V .Cherof, squire
SHERIFF OF PALM BEACH COUNTY
By: j11---
Ric
L.Bradshaw
Dated: 1/28/2021
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: Catherine M. Kozol
Catherine M.Kozol,Esquire
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