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R22-070 1 RESOLUTION NO.R22-070 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH 5 COUNTY 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 EI414'ECTIVE 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 2021 Operation Stonegarden Grant 13 (OPSG)Program,Award#R0402;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 Interim City Manager to sign an Interlocal Agreement with the Palm Beach County 24 Sheriff 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. S:\CA RESO\Agreements\ILA With PBC For Stonegarden Grant Program(2022)-Reso.Docx 30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 31 approve and authorize the Interim City Manager to sign an Interlocal Agreement with the Palm 32 Beach County Sheriff pertaining to the Operation Stonegarden Grant Program subject to the 33 approval of the City Attorney. A copy of the Interlocal Agreement is attached hereto as Exhibit 34 "A". 35 Section 3. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 17th day of May, 2022. 37 CITY OF BOYNTON BEACH,FLORIDA 38 39 YES NO 40 Mayor—Ty Penserga s/ 41 42 Vice Mayor—Angela Cruz ✓ 43 44 Commissioner—Woodrow L. Hay 45 46 Commissioner—Thomas Turkin 47 48 Commissioner—Aimee Kelley 49 50 VOTE b'0 51 ATTEST: 52 53 54 55 stal Gibson, MC 56 City Clerk 57 58 59 (Corporate Seal) S:\CA\RESO\Agreements\ILA With PBC For Stonegarden Grant Program(2022)-Reso.Docx 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$346,500 to the Palm Beach County Sheriff(SHERIFF)from the Fiscal Year 2021 Operation Stonegarden Grant(OPSG)Program,Award#R0402;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 FY2021 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 2021 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 2021 OPSG grant reporting requirements and Operations Order#21-MIPMIP-10-003-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$30,000 for overtime expenses, including fringe benefits(FICA and Retirement only)associated with the Fiscal Year 2021 OPSG. 1 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 March 31,2023,or until the date of the expiration of the 2021 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 2 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 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. krticle 1.5. 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 3 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: J tables,Interim City Manager Dated: 06//9/2e APPROVED AS TO FORM AND LEGAL S FFICIENCY By: �•J11. II 'v ,►1- y, ir -s A.Cherof,Esq 're SHERIFF OF PALM BEACH COUNTY By: Ric L.Bradshaw Dated: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Catherine M.Kozol,Esquire 4