R24-226 RESOLUTION NO. R24-226
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH
5 PALM BEACH COUNTY FOR THE STAFFING OF EMERGENCY SHELTERS
6 BY EMERGENCY MEDICAL SERVICES STAFF; AND FOR ALL OTHER
7 PURPOSES.
8
9 WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation
10 Act of 1969," authorizes local governments to make the most efficient use of their powers by
11 enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
12 provide services and facilities that will harmonize geographic, economic, population and other
13 factors influencing the needs and development of local communities; and
14 WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined
15 therein to enter into interlocal agreements with each other to jointly exercise any power, privilege,
16 or authority that such agencies share in common and which each might exercise separately; and
17 WHEREAS, the State of Florida is vulnerable to a wide range of disasters that are likely to
18 cause the disruption of essential services and the destruction of the infrastructure needed to
19 deliver those services. Such disasters are likely to exceed the ability of any one local government
20 to cope with the disasters with existing resources; and
21 WHEREAS, the Emergency Management Act, as amended, gives local governments the
22 authority to make agreements for mutual assistance in emergencies and, through such
23 agreements, to ensure the timely reimbursement of costs incurred by local governments that
24 render such assistance; and
25 WHEREAS, the Parties desire to plan for and coordinate activities relating to emergency
26 preparedness, response, recovery, and mitigation, including planning for the medical needs of
27 persons temporarily located at emergency shelters during a declared state of emergency; and
28 WHEREAS, the City has agreed to staff certain public shelter(s) with Emergency Medical
29 Services (EMS) staff, and advanced life support (ALS) equipment during an emergency in order to
30 provide for medical needs during an emergency, if needed; and
31 WHEREAS, in exchange for the City's commitment to staff emergency shelters with
32 Emergency Medical Services Staff, the County agrees to reimburse the City for costs incurred to
33 the extent such costs are eligible costs in accordance with FEMA's Recovery Policy RP 9523.6 and
34 applicable FEMA guidance; and
35 WHEREAS, this Agreement has an initial term of five (5) years from the Effective Date; and
36 WHEREAS, this Agreement provides that the parties may mutually agree to renew the
37 Agreement for another term of five (5)years, which must be documented in a written amendment
38 executed by both parties with no cap on the number of extensions; and
39 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
40 best interests of the city's citizens and residents to approve an Interlocal Agreement with Palm
41 Beach County for the Staffing of Emergency Shelters by Emergency Medical Services Staff.
42
43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
44 BEACH, FLORIDA, THAT:
45 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
46 being true and correct and are hereby made a specific part of this Resolution upon adoption.
47 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
48 approve an Interlocal Agreement between Palm Beach County and the City for the Staffing of
49 Emergency Shelters by Emergency Medical Services Staff (the "Agreement"), in form and
50 substance similar to that attached as "Exhibit A."
51 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
52 authorizes the Mayor to execute the Interlocal Agreement. The Mayor is further authorized to
53 execute any ancillary documents required under the Agreement or necessary to accomplish the
54 purposes of the Agreement, and this Resolution, including any term extensions as provided in the
55 Agreement, provided such documents do not modify the financial terms/material terms.
56 SECTION 4. The Mayor-executed Interlocal Agreement shall be provided to Kori
57 Grant/Melissa Roberts in the Fire Department to provide to Palm Beach County for execution.
58 SECTION 5. Upon full execution of the Interlocal Agreement, the Interlocal Agreement
59 shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by
60 Section 163.01(11), Florida Statutes, for interlocal agreements.
61 SECTION 6. This Resolution shall take effect in accordance with law.
62 61—
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63 PASSED AND ADOPTED this � day of 0 CA)1D-e►-- 2024.
64 CITY OF BOYNTON BEACH, FLORIDA
65 YES NO
66 Mayor—Ty Penserga
67
68 Vice Mayor—Aimee Kelley
69
70 Commissioner—Angela Cruz
71
72 Commissioner—Woodrow L. Hay
73 i.
74 Commissioner—Thomas Turkin
75 _
76 VOTE v
77 ATTEST:
78 , fe. 2
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80 Maylee De Je• - PA, MM ' Ty P-T ga el) ' ^024
81 City Clerk Ma
82
83 — ., APPROVED AS TO FORM:
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84 (Corporate Seal) F ......... 4/ N
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86 SEAL :='s ,���� /�G . �,
87 :INCORPORATED: 5 Shawna G. Lamb
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oI '•• 1920 City Attorney
‘`‘,FLORIDA
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY
OF BOYNTON BEACH FOR THE STAFFING OF EMERGENCY SHELTERS BY
EMERGENCY MEDICAL SERVICE``S STAFF
This Interlocal Agreement ("Agreement") is made as of W� 1 , 2024, (the "Effective
Date") by and between the Board of County Commissioners, Palm Beach County, a political
subdivision of the State of Florida (the "County"), and the City of Boynton Beach, a municipal
corporation of the State of Florida(the "City"), collectively the "Parties."
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act
of 1969" authorizes local governments to make the most efficient use of their powers by enabling
them to cooperate with other localities on a basis of mutual advantage and thereby to provide
services and facilities that will harmonize geographic, economic, population and other factors
influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to
enter into interlocal agreements with each other to jointly exercise any power, privilege, or
authority which such agencies share in common and which each might exercise separately; and
WHEREAS, the State of Florida is vulnerable to a wide range of disasters that are likely to cause
the disruption of essential services and the destruction of the infrastructure needed to deliver those
services. Such disasters are likely to exceed the ability of any one local government to cope with
the disasters with existing resources; and
WHEREAS, the Emergency Management Act,as amended,gives local governments the authority
to make agreements for mutual assistance in emergencies, and through such agreements to ensure
the timely reimbursement of costs incurred by local governments which render such assistance;and
WHEREAS, the Parties desire to plan for and coordinate activities relating to emergency
preparedness, response, recovery, and mitigation, including planning for the medical needs of
persons temporarily located at emergency shelters during a declared state of emergency; and
WHEREAS, the City has agreed to staff certain public shelter(s) with Emergency Medical
Services(EMS)staff,and advanced life support(ALS)equipment during an emergency in order to
provide for medical needs during an emergency, if needed; and
WHEREAS, in exchange for the City's commitment to staff emergency shelters with Emergency
Medical Services Staff, the County agrees to reimburse the City for costs incurred to the extent
such costs are eligible costs in accordance with FEMA's Recovery Policy RP 9523.6 and
applicable FEMA guidance; and
WHEREAS,this Agreement has an initial term of five (5) years from the Effective Date; and
WHEREAS,this Agreement provides that the parties may mutually agree to renew the Agreement
for another term of five (5) years, which must be documented in a written amendment executed
Page 1 of 6
by both parties with no cap on the number of extensions; and
NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the
County and the City agree as follows:
ARTICLE 1—RECITALS
The above recitals are true,correct and incorporated herein.
ARTICLE 2 - REPRESENTATIVE/MONITORING POSITION
The County's representative/Agreement monitor during the term of this Agreement shall be Armen
Gregorian, whose telephone number is(561) 712-6483.
The City representative/contact monitor during the term of the Agreement shall be EMS Chief Jarvis
Prince,whose telephone number is (561) 742-6337.
ARTICLE 3-DECLARATION OF STATE OF EMERGENCY
The services in this Agreement shall commence automatically upon a declaration of emergency by
the State of Florida and/or Palm Beach County ("Declaration of Emergency") followed by a request
of County to City for medical staffing of emergency shelters pursuant to this Agreement.
ARTICLE 4-SHELTER STAFF REQUIREMENTS
Following a Declaration of Emergency and upon request of the County, the City shall staff each
emergency shelter located within its municipal boundaries with at least one emergency medical
technician and one paramedic or two paramedics (collectively the "Emergency Medical Services
Staff") during the state of emergency. In addition, the City's EMS staff shall be solely responsible
for providing ALS equipment as reasonably required to support the EMS staff function as long as
the shelter remains open.
The shelter team at each emergency shelter will establish a clearly designated medical treatment area.
The EMS Staff shall be in the performance of all work at the shelter,employees of the City and under
the direction and authority of such officials and physicians as customary and required in the day-to-
day provision of ALS services within the City's boundaries and subject to the City's management,
supervision, control and authority. In no event shall the EMS staff employed by or assigned by the
City be considered employees, agents, servants or contractors of the County.
ARTICLE 5—REIMBURSEMENT OF COSTS
The County shall reimburse the City incurred costs of the EMS staff as mutual aid costs to the extent
such are eligible costs in accordance to the Federal Emergency Management Agency (FEMA)'s
Recovery Policy RP 9523.6 and applicable FEMA guidance. Within thirty (30) days of the
Declaration of Emergency for which assistance was requested, the City shall submit to the County
representative, documentation substantiating the actual costs incurred to the satisfaction of the
County's Public Safety Department, Division of Emergency Managements office, the State of
Florida Division of Emergency Management and/or FEMA as required for the County to apply for
and process the reimbursement request. As applicable,the City may request the County approval to
submit its own claim for reimbursement.
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ARTICLE 6—FILING
A copy of this Agreement will be filed with the Clerk of Circuit Court in and for Palm Beach County
and with the City's Clerk's Office.
ARTICLE 7—REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary
to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon
any party is intended to be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity, by statute or otherwise. No single or partial exercise by any party
of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.
No provision of this Agreement 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 Agreement, including
but not limited to any citizen or employees of the County and/or the City.
ARTICLE 8 -LIABILITY/INDEMNIFICATION
Each party to this Agreement shall be liable for its own actions and negligence and, to the extent
permitted by law,the City shall indemnify, defend and hold harmless the County against any actions,
claims,or damages arising out of the acts or omissions of City. The foregoing indemnification shall
not constitute a waiver of sovereign immunity beyond the limits set forth in F.S. 768.28, nor shall
the same be construed to constitute agreement by either party to indemnify the other party for such
other party's negligent,willful or intentional acts or omissions.
ARTICLE 9—ARREARS
The City shall not pledge the County's credit or make it a guarantor of payment or surety for any
Agreement, debt, obligation,judgment, lien, or any form of indebtedness. The City further warrants
and represents that it has no obligation or indebtedness that would impair its ability to fulfill the
terms of this Agreement.
ARTICLE 10-ACCESS AND AUDITS; OFFICE OF THE INSPECTOR GENERAL
The City shall maintain adequate records to justify all charges, expenses, and costs incurred in
estimating and performing the work for at least five (5)years after completion or termination of this
Agreement. The County shall have access to such books, records, and documents as required
in this section for the purpose of inspection or audit during normal business hours, at the City's
place of business.
Palm Beach County has established the Office of the Inspector General in Palm Beach County
Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes
but is not limited to the power to review past, present and proposed County contracts,transactions,
accounts and records, to require the production of records, and to audit, investigate, monitor, and
inspect the activities of the City, its officers, agents, employees, and lobbyists in order to ensure
compliance with contract requirements and detect corruption and fraud.
Page 3 of 6
Failure to cooperate with the Inspector General or interfering with or impeding any investigation
shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to
Section 125.69, Florida Statutes, in the same manner as a second-degree misdemeanor.
ARTICLE 11 —NONDISCRIMINATION
The County is committed to assuring equal opportunity in the award of contract and complies with
all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2017-1770, as
may be amended, the City warrants and represents that throughout the term of the Agreement,
including any renewals thereof, if applicable, all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, familial status, sexual orientation, gender identity or expression, or genetic
information. Failure to meet this requirement shall be considered default of the Agreement.
As a condition of entering into this Agreement, the City represents and warrants that it will comply
with the County's Commercial Nondiscrimination Policy as described in Resolution 2017-1770, as
amended. As part of such compliance, the City shall not discriminate on the basis of race, color,
national origin, religion, ancestry, sec, age, marital status, familia status, sexual orientation, gender
identify or expression, disability, or genetic information in the solicitation, selection, hiring or
commercial treatment of subcontractors, vendors, suppliers, or commercial customers, not shall the
City retaliate against any person for reporting instances of such discrimination. The City shall
provide equal opportunity for subcontractors,vendors and suppliers to participate in all of its public
sector and private sector subcontracting and supply opportunities, provided that northing contained
in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace
discrimination that have occurred or are occurring in the County's relevant marketplace in Palm
Beach County. The City understanding and agrees that a material violation of this clause shall be
considered a material breach of this Agreement and may result in termination of this Agreement,
disqualification or debarment of the company from participating in County contractors, or other
sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any
third party. City shall include this language in its subcontracts.
ARTICLE 12-AUTHORITY TO PRACTICE
The City hereby represents and warrants that it has and will continue to maintain all licenses and
approvals required to conduct pre-hospital emergency medical services while staffing the public
shelter. Proof of such licenses and approvals shall be submitted to the County's representative upon
request.
ARTICLE 13—SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the
application of such terms or provision,to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 14—NOTICE
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All notices required in this Agreement shall be sent by certified mail, return receipt requested,
hand delivery or other delivery service requiring signed acceptance.
If sent to the County, notices shall be addressed to:
Mary Blakeney, Director
20 South Military Trail
West Palm Beach, FL 33415
with copy to:
Palm Beach County Attorney's Office
301 North Olive Ave.—6the Floor
West Palm Beach, Florida 33405
If sent to the City, notices shall be addressed to:
EMS Chief Jarvis Prince
2080 High Ridge Road
Boynton Beach, FL 33426
with copy to:
City's Attorney's Office
100 E. Ocean Avenue
Boynton Beach, Florida 33435
ARTICLE 15 -ENTIRETY OF CONTRACTUAL AGREEMENT
The County 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 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.
ARTICLE 16—TERM AND EXPIRATION
This Agreement will commence following the execution of this Agreement on the Effective date
and shall continue for a term of five (5) years. The parties may mutually agree to renew the
Agreement for another term of five (5) years, which must be documented in a written amendment
executed by both parties.
ARTICLE 17- TERMINATION
This Agreement may be terminated by either party upon sixty(60) days prior written notice to the
other party.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, Palm Beach County, Florida, by and through its Board of County
Commissioners, and the City of Boynton Beach, Florida,a municipal corporation, have made and
executed this Agreement on behalf of the County and the City, on the date first above written.
CITY OF BOYNTON BEACH, PALM BEACH COUNTY
FLORIDA BOARD OF COUNTY COMMISSIONERS
By: L41 By:
Ty '- . =.tt /a / Mayor
ATTEST: ATTEST:
Joseph Abruzzo , Clerk& Comptroller
67-)(
By: LA ' By:
City Clerk Clerk& Comptroller
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY LEGAL SUFFICIENCY
B :YAidiA %76 By
City Attorney Assistant County Attorney
APPROVED AS TO TERMS AND APPROVED AS TO TERMS AND
CONDITIONS CONDITIONS
By: By:
Hugh BrudielAjA4214--- Stephanie Sejnoha, Director
Director of Fire and Emergency Medical Department of Public Safety
Services/Fire ,ief
, OF BOy>`
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