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Home My WebLink AboutAgreement_Interlocal_6/9/2022_PBC Sheriff/Stonegarden GrantAgenda Item #5. AN INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY SHERIFF AND THE TEQUESTA OF PALM BEACH, FLORIDA PERTAINING TO THE OPERATION STONEGARDEN GRANT PROGRAM WHEREAS, Part 1 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 Sheriffs Office (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; and WHEREAS, the Sheriff and the Village of Tequesta (TEQUESTA) 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 TEQUESTA 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. TEQUESTA 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 #22-M I PM I P-10-003-V 0. 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 TEQUESTA's books, records, and documents such that the SHERIFF may inspect or audit these records, upon request during normal business hours, at the Village of Tequesta Police Department. Article 4, The SHERIFF agrees to: A. Reimburse TEQUESTA in an amount not to exceed $20,000 for overtime expenses, including fringe benefits (FICA and Retirement only) associated with the Fiscal Year 2021 OPSG. Page 103 of 565 Agenda Item #5. B. Reimburse TEQUESTA 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 TEQUESTA 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, TEQUESTA shall be responsible to the SHERIFF for any actions, claims or damages arising out of TEQUESTA's negligence in connection with this Agreement, and the SHERIFF shall be responsible to TEQUESTA 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 TEQUESTA 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 orally constitutional or statutory rights or defenses that TEQUESTA may possess and TEQUESTA reserves all such rights as against any and all claims that may be brought under this Agreement. The SI-fERIFF 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 ort statutory rights or defenses that the SHERIFF may possess and tite 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. TEQUESTA 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 Page 104 of 565 Agenda Item #5. 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 Sheriffs 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 TEQUESTA to: Chief Gus Medina Tequesta Police Department 357 Tequesta Drive Tequesta, Florida 33469 With a copy to: Keith Davis, Esq. Davis & Associates, P.A. 701 Northpoint Parkway Suite 205 West Palm Beach, Florida 33407 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 Dela 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 TEQUESTA agree that this Agreement sets forth the entire agreement between the Parties, and that there are no promises or understandings other than those stated Page 105 of 565 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. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date all signatures below are affixed. VILLAGE OF TEQUESTA B y: :Cl y Youn Ma Dated: t,! `g ` 4 Ali., ATTEST By: Lori McWilliams, Village Clerk SHERIFF OF PALM BEACH COUNTY Ric L. Bradshaw Dated: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Catherine M. Kozol, Esquire 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. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date all signatures below are affixed. VILLAGE OF TEQUESTA By: -- Molly Youn Ma Dated: ATTEST By: By: �IiL rI lid Lori McWilliams, Village Clerk �NCo FAQ RAT i�4, SHERIFF OF PALM BEACH COUNTY RIM Ric L. Bradshaw Dated: APPROVED AS TO FORM AND LEGAL SUFFICIENCY M. Catherine M. Kozol, Esquire 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 tc minated 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. VILLAGE OF TEQUESTA By-. �. .... __........ M o I I sung, Dated. ATTEST SEAL By: Lori McWilliams, MMC: Village Clerk - SHERIFF OF PALM BEACH COUNTY By. /�ux.a� Z?4_ - '1a ue Ric L. Bradshaw __...._... Dated; 6/22/2022 .APPROVED AS TO FORM AND LEGAL SUFFICIENCY Catherine Kozol 6/15/22 t�athexine M. Kozol,, Esquire 4