R26-078 RESOLUTION NO. R26-078
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA,APPROVING AN AGREEMENT FOR
3 EMERGENCY MEDICAL SERVICES' GRANT FUNDS BETWEEN
4 THE CITY AND PALM BEACH COUNTY FOR A FIVE-YEAR TERM;
5 AND FOR ALL OTHER PURPOSES.
6
7 WHEREAS, the Florida Department of Health ("DOH"), through its Emergency Medical
8 Services ("EMS") Program, is authorized by Chapter 401, Part II, Florida Statutes, to dispense EMS
9 Trust Fund moneys throughout the State to improve and expand pre-hospital emergency medical
10 services; and
11 WHEREAS, DOH annually divides forty-five percent (45%) of the EMS Trust Fund money
12 among the counties ("EMS Grant"); and
13 WHEREAS, pursuant to section 401.113, Florida Statutes, the County may distribute the
14 funds that it receives under said program ("EMS Grant Funds") to EMS organizations within Palm
15 Beach County to improve and expand pre-hospital emergency medical services, as deemed
16 appropriate by the Board of County Commissioners ("Board"); and
17 WHEREAS, the Board desires to distribute some of the EMS Grant Funds to reimburse
18 licensed municipal EMS providers in Palm Beach County for their purchase of certain EMS
19 equipment, medications, supplies, and/or training; and
20 WHEREAS, the County desires to open at least one grant application period each year
21 during which municipal EMS providers can submit grant requests for EMS Grant Funds to
22 reimburse them for their purchase of certain EMS equipment, medications, supplies, and/or
23 training; and
24 WHEREAS, the City desires to participate in this grant program, which is subject to the
25 terms and conditions of the EMS Grant program and the Agreement; and
26 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
27 best interests of the City's citizens and residents to approve an Agreement for Emergency Medical
28 Services Grant Funds between the City and Palm Beach County for a five-year term.
29
30
31
RESOLUTION NO. R26-078
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
33 BEACH, FLORIDA, THAT:
34 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
35 being true and correct and are hereby made a specific part of this Resolution upon adoption.
36 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
37 approve an Agreement for Emergency Medical Services Grant Funds between the City and Palm
38 Beach County for a five-year term (the "Agreement"), in form and substance similar to that
39 attached as Exhibit A.
40 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
41 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
42 ancillary documents required under the Agreement or necessary to accomplish the purposes of
43 the Agreement, including any term extensions as provided in the Agreement, provided such
44 documents do not modify the financial terms or material terms.
45 SECTION 4. The Mayor-executed Agreements shall be forwarded to Kori Grant for
46 execution by Palm Beach County. Kori Grant shall be responsible for ensuring that one fully
47 executed Agreement is returned to the City and provided to the Office of the City Attorney for
48 forwarding to the City Clerk for retention as a public record.
49 SECTION 5. This Resolution shall take effect in accordance with the law.
50
51 [SIGNATURES ON THE FOLLOWING PAGE)
52
RESOLUTION NO. R26-078�
53 PASSED AND ADOPTED this \ \ day of C‘Tha-en 2026.
54 CITY OF BOYNTON BEACH, FLORIDA
55 YES NO
56 Mayor- Rebecca Shelton ✓
57 0.bS
58 Vice-Mayor-Thomas Turkin os' J 011
59
60 Commissioner-Angela Cruz ✓
61
62 Commissioner- Mack McCray `./
63
64 Commissioner-Aimee Kelley
65
66 VOTE Lia
67 ATTEST:
68
69 As C
70 Tammy Stanzi.ne, CMC v Rebecca Shelton
71 Interim City Clerk „ ,,,,,,,
Mayor
72 ' OON e �•�
y
73 f o C
.. RATE '%%L:5,\ APPROVED AS TO FORM:
74 (Corporate Seal) so:'('° �r'�V�*
75 � CORP $ ��
76 IIS,J �C� �. 00 l( 47,1
77 •'•`'P ” Shawna G. Lamb
78 City Attorney
AGREEMENT
FOR EMS GRANT FUNDS
THIS AGREEMENT("Agreement") is made as of , by and between the
Board of County Commissioners, Palm Beach County,a political sub-division of the State of Florida
(herein referred to as "COUNTY"), and the City of Boynton Beach, a municipal corporation of the
State of Florida(herein referred to as "MUNICIPALITY").
WITNESSETH
WHEREAS, the Florida Department of Health (DOH), through its Emergency Medical
Services (EMS) Program, is authorized by Chapter 401, Part II, Florida Statutes, to dispense EMS
Trust Fund moneys throughout the State to improve and expand pre-hospital emergency medical
services; and
WHEREAS, DOH annually divides forty-five percent (45%) of the EMS Trust Fund
moneys among the counties ("EMS Grant"); and
WHEREAS, pursuant to Section 401.113, Florida Statutes, the COUNTY may
distribute the funds that it receives under said program ("EMS Grant Funds")to EMS organizations
within Palm Beach County to improve and expand pre-hospital emergency medical services, as
deemed appropriate by the Board of County Commissioners ("Board"); and
WHEREAS, the Board desires to distribute some of the EMS Grant Funds to reimburse
licensed municipal EMS providers in Palm Beach County for their purchase of certain EMS
equipment, medications, supplies, and/or training; and
WHEREAS, the COUNTY desires to open at least one grant application period each year
during which municipal EMS providers can submit grant requests for EMS Grant Funds to reimburse
them for their purchase of certain EMS equipment, medications, supplies, and/or training; and
WHEREAS, the MUNICIPALITY desires to participate in this grant program, which is
subject to the terms and conditions of the EMS Grant program and this Agreement.
Now, therefore, in consideration of the mutual promises contained herein, COUNTY and
MUNICIPALITY agree as follows:
ARTICLE 1 —RECITALS
� J
The above recitals are true, correct and incorporated herein.
ARTICLE 2—CONTRACT MONITORS
The COUNTY's contract monitor during the term of this Agreement shall be Richard Ellis, Deputy
Director, Office of Emergency management, whose telephone number is 561-712-6549.
Page 1 of 10
The MUNICIPALITY's contract monitor during the term of this Agreement shall be Jarvis Prince,
EMS Chief of the Boynton Beach Fire Rescue,whose telephone number is 561-742-6337.
ARTICLE 3—REQUEST AND APPROVAL FOR RECEIPT OF EMS GRANT FUNDS
The COUNTY,through its Office of Emergency Management, will open at least one grant application
period per year during which municipal EMS providers in Palm Beach County can submit grant
requests for EMS Grant Funds to reimburse municipalities for their purchase of certain EMS
equipment, medications, supplies, and/or training.
During each application period and grant cycle, if the MUNICIPALITY desires to receive EMS Grant
Funds from the COUNTY,the MUNICIPALITY must submit a request for EMS Grant Funds and
provide the COUNTY with documentation specifying the EMS equipment, medications, supplies,
and/or training that will be procured by the MUNICIPALITY.
The COUNTY's EMS Administrator, through the County Administrator, is hereby authorized to
approve or deny such requests in its reasonable discretion, which may take into consideration the
amount of EMS Grant Funds available and how the MUNICIPALITY's request will promote the
purpose of the EMS Grant program to improve and expand pre-hospital EMS. If the
MUNICIPALITY's request for EMS Grant funding is approved, the COUNTY,through its Office of
Emergency Management, will document the request and approval, and such documentation shall be
deemed to be incorporated by reference into this Agreement. For purposes of this Agreement, "EMS
Equipment" shall mean and include any EMS equipment, medications, or supplies approved
hereunder for reimbursement from EMS Grant Funds; "EMS Training" shall mean any EMS training
approved hereunder for reimbursement from EMS Grant Funds; and "EMS Equipment/Training"
shall mean singularly and collectively any EMS Equipment and/or EMS Training approved for
reimbursement hereunder.
If the MUNICIPALITY's request for EMS Grant funding is approved, the COUNTY will reimburse
the MUNICIPALITY for its purchase of the approved EMS Equipment/Training, subject to the terms
and conditions of the EMS Grant program and this Agreement.
The MUNICIPALITY must submit the required purchase documentation for reimbursement as
detailed in Article 4. Purchase and receipt of the approved EMS Equipment/Training, and submittal
of the required purchase documentation, must be completed within six months of said approval by
the COUNTY. The COUNTY's EMS Administrator may extend this deadline based on extenuating
circumstances and subject to any requirements of the EMS Grant program. Approved documentation
will be processed by the Palm Beach County Finance Department for payment to the
MUNICIPALITY.
ARTICLE 4—RESPONSIBILITIES OF MUNICIPALITY
MUNICIPALITY shall:
A. Comply with general requirements of the COUNTY,this Agreement, and conditions of the EMS
Grant program.
Page 2 of 10
B. Within six months of the COUNTY's approval of the EMS Equipment/Training, submit to the
COUNTY contract monitor, copies of paid receipts, invoices, or other documentation acceptable
to the Palm Beach County Finance Department to establish that the approved EMS
Equipment/Training was purchased, received and completed by the MUNICIPALITY.
C. Immediately reimburse the EMS Grant Funds to the COUNTY should the MUNICIPALITY
cease to operate its pre-hospital emergency medical services during the life of the EMS Equipment
or the duration of the EMS Training; or if the MUNICIPALITY's purchase and receipt of the
EMS Equipment and/or completion of the EMS Training is not completed within the time frames
set forth herein. The COUNTY's EMS Administrator may extend these deadlines based on
extenuating circumstances and subject to any requirements of the EMS Grant program.
D. For any EMS Training approved for reimbursement hereunder, within six months of the
COUNTY's approval of the EMS Training, the MUNICIPALITY shall submit a training report
to the COUNTY's Office of Emergency Management documenting that the training has been
completed, including a sign in sheet, and the date,title and contact number of the persons that
received such training. The COUNTY's EMS Administrator may extend this deadline based on
extenuating circumstances and subject to any requirements of the EMS Grant program. It is the
responsibility of the MUNICIPALITY to provide the training. The MUNICIPALITY's failure to
satisfactorily complete the training in the time frame provided shall constitute a material breach
of this Agreement. As such, COUNTY may terminate this Agreement, and/or demand that the
MUNICIPALITY promptly reimburse all, or an applicable portion of, the EMS Grant Funds to
the COUNTY,which the MUNICIPALITY agrees to do.
E. The MUNICIPALITY hereby certifies that its request for the EMS Equipment/Training is for an
improvement and expansion of pre-hospital emergency medical services within Palm Beach
County and will not be used to supplant current levels of expenditures. MUNICIPALITY agrees
to the reimbursement for EMS Equipment/Training under the terms and conditions of the EMS
Grant program and this Agreement and will permit an audit.
F. MUNICIPALITY agrees to comply with all applicable EMS Grant program requirements. To
the extent relevant to MUNICIPALITY's EMS Equipment/Training, MUNICIPALITY agrees
to comply with any obligations imposed on the COUNTY by the EMS Grant program to the
extent necessary for the COUNTY to comply with the EMS Grant program, including but not
limited to provisions relating to use of EMS Grant Funds,reports, inspections, audits,procuring,
inventorying, insuring and safeguarding equipment.
ARTICLE 5—LIABILITY AND INDEMNIFICATION
The MUNICIPALITY shall be liable for its own actions and negligence; and to the extent permitted
by law, shall indemnify, defend and hold harmless the COUNTY against any actions, claims
demands,costs or damages relating to or arising out of the EMS Equipment/Training, including but
not limited to the MUNICIPALITY's use, care and/or maintenance of, or training relating to, the
Page 3 of 10
EMS Equipment, and MUNICIPALITY's acts or omissions relating to or arising from the EMS
Training; and/or the MUNICIPALITY's acts or omissions that cause the COUNTY to be in breach
or violation of the EMS Grant program. Nothing in this Agreement shall be construed as a waiver of
either party's sovereign immunity or consent by either party to be sued by third parties.
ARTICLE 6—AVAILABILITY OF FUNDS
The COUNTY's performance and obligation under this Agreement, including to reimburse the
MUNICIPALITY under this Agreement, are contingent upon an annual budgetary appropriation by
the Board for the purposes hereunder and the availability of EMS Grant Funds. The total amount of
approved requests for EMS Grant Funds each fiscal year to all municipalities participating in the
program shall not exceed the amount of EMS Grant Funds budgeted by the Board for this purpose for
said fiscal year. Ongoing costs for the EMS Equipment/Training, including, but not limited to,
operation, use, maintenance, replacement and training, is the responsibility of the MUNICIPALITY
and will not be funded under this Agreement or the EMS Grant program.
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 a court of competent jurisdiction 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 MUNICIPALITY.
ARTICLE 8—ARREARS
The MUNICIPALITY shall not pledge the COUNTY's credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The
MUNICIPALITY further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this Agreement.
ARTICLE 9—ACCESS AND AUDITS
The MUNICIPALITY 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 expiration 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 MUNICIPALITY's place of business. The 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
Page 4 of 10
records, and to audit, investigate, monitor, and inspect the activities of the MUNICIPALITY, its
officers, agents, employees, and lobbyists in order to ensure compliance with Agreement
requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or
interfering with or impeding any investigation shall be in violation of Palm Beach County Code,
Section 2421 -2-440, and punished pursuant to Section 125.69,Florida Statutes,in the same manner
as a second-degree misdemeanor.
ARTICLE 10—NONDISCRIMINATION
The COUNTY is committed to assuring equal opportunity in the award of contracts and complies
with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2025-0748,as
may be amended, the MUNICIPALITY 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, or genetic information. Failure to meet
this requirement shall be considered default of the Agreement.
As a condition of entering into this Agreement, the MUNICIPALITY represents and warrants that it
will comply with the COUNTY's Commercial Nondiscrimination Policy as described in Resolution
R2025-0748, as amended. As part of such compliance, the MUNICIPALITY shall not discriminate
on the basis of race, color, national origin, religion, ancestry, sex, age,marital status,familial status,
sexual orientation, disability, or genetic information in the solicitation, selection, hiring or
commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the
MUNICIPALITY retaliate against any person for reporting instances of such discrimination. The
MUNICIPALITY 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 nothing 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 MUNICIPALITY understands 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 contracts, or other sanctions. This clause is not enforceable by or for the
benefit of, and creates no obligation to, any third party. The MUNICIPALITY shall include this
language in its subcontracts.
ARTICLE 11 —AUTHORITY TO PRACTICE
The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct pre-hospital emergency medical services and training
during the life of the EMS Equipment and the duration of the EMS Training, as applicable. Proof of
such licenses and approvals shall be submitted to the COUNTY's contract monitor upon request.
ARTICLE 12—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
Page 5 of 10
Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 13 -SURVIVABILITY
Any provision of this Agreement that is of a continuing nature, or which by its language or nature
imposes an obligation or right that extends beyond the term of this Agreement, shall survive the
expiration or earlier termination of this Agreement.
ARTICLE 14—NOTICE
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:
Richard Ellis, Deputy Director
Palm Beach County Office of Emergency Management
20 S. Military Trail
West Palm Beach, FL 33415
With copy to:
Palm Beach County Attorney's Office
301 North Olive Ave.
West Palm Beach, FL 33401
If sent to the MUNICIPALITY, notices shall be addressed to:
Jarvis Prince, EMS Chief
2080 High Ridge Rd
Boynton Beach, FL, 33426
ARTICLE 15—INSURANCE
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes,
(the "Statute"), the MUNICIPALITY represents that it is self-insured with coverage subject to the
limitations of the Statute, as may be amended. If MUNICIPALITY is not self-insured,
MUNICIPALITY shall,at its sole expense, purchase and maintain in full force and effect at all times
during the life of this Agreement, insurance coverage at limits not less than those contained in the
Statute.
Should MUNICIPALITY purchase excess liability coverage, MUNICIPALITY agrees to include
COUNTY as an Additional Insured. The MUNICIPALITY agrees to maintain or to be self-insured
for Workers' Compensation insurance in accordance with Chapter 440, Florida Statutes. Should
MUNICIPALITY contract with a third party (Contractor) to perform any service related to the
Agreement, MUNICIPALITY shall require the Contractor to provide the following minimum
insurance:
Page 6 of 10
• Commercial General Liability insurance with minimum limits of$1,000,000 combined single
limit for property damage and bodily injury per occurrence and $2,000,000 per
aggregate. Such policy shall be endorsed to include MUNICIPALITY and COUNTY as
Additional Insureds. MUNICIPALITY shall also require that the Contractor include a Waiver
of Subrogation against COUNTY.
• Business Automobile Liability insurance with minimum limits of$1,000,000 combined single
limits for property damage and bodily injury per occurrence.
• Workers' Compensation insurance in compliance with Chapter 440, Florida Statutes, and
which shall include coverage for Employer's Liability with minimum limits of $1,000,000
each accident.
When requested, the MUNICIPALITY shall provide an affidavit or Certificate of Insurance
evidencing insurance or self-insurance. Compliance with the foregoing requirement shall not relieve
the MUNICIPALITY of its liability and obligations under this Agreement.
ARTICLE 16—ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the MUNICIPALITY 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 17—EFFECTIVE DATE AND TERMINATION
This Agreement shall commence upon approval by both parties, 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 or agreement approved by both parties.
If the COUNTY determines that the MUNICIPALITY has breached any material terms of this
Agreement or the EMS Grant program, the COUNTY may terminate this Agreement, and/or demand
that the MUNICIPALITY promptly reimburse all, or an applicable portion of, the EMS Grant Funds
to the COUNTY, which the MUNICIPALITY agrees to do.
ARTICLE 18—E-VERIFY -EMPLOYMENT ELIGIBILITY
Each party warrants and represents that it is in compliance with Section 448.095, Florida Statutes,as
may be amended. Each party has registered with and uses, and shall continue to use, the E-Verify
System (E-Verify.gov), to electronically verify the employment eligibility of all newly hired
employees. If either party has a good faith belief that the other party has knowingly violated Section
448.09(1), Florida Statutes, as may be amended, said party shall terminate this Agreement with the
violating party.
ARTICLE 19—PUBLIC RECORDS
Both parties shall comply with Florida's public records laws.
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ARTICLE 20— DISCLOSURE OF FOREIGN GIFTS AND CONTRACTS WITH FOREIGN
COUNTRIES OF CONCERN
Pursuant to Section 286.101, Florida Statutes,as may be amended,by entering into this Agreement
or performing any work in furtherance thereof, the MUNICIPALITY certifies that it has disclosed
any current or prior interest of,any contract with,or any grant or gift received from a foreign country
of concern where such interest, contract, or grant or gift has a value of$50,000 or more and such
interest existed at any time or such contract or grant or gift was received or in force at any time during
the previous five(5)years.
ARTICLE 21 -PUBLIC ENTITY CRIMES
As provided in Sections 287.132-133, Florida Statutes, as may be amended, by entering into this
Agreement or performing any work in furtherance hereof, the MUNICIPALITY certifies that it, its
affiliates,suppliers, subcontractors and consultants who will perform hereunder,have not been placed
on the convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof. This notice is required by Section
287.133(3)(a), Florida Statutes.
ARTICLE 22 -REGULATIONS; LICENSING REOUIREMENTS
The MUNICIPALITY shall comply with all laws, ordinances and regulations applicable to the
services and/or performance contemplated herein, to include those applicable to conflict of interest
and collusion. The MUNICIPALITY is presumed to be familiar with all federal, state and local
laws, ordinances, codes and regulations that may in any way affect the performance of the terms of
this Agreement.
ARTICLE 23—SCRUTINIZED COMPANIES
As provided in Section 287.135, Florida Statutes, as may be amended, by entering into this
Agreement or performing any work in furtherance hereof, the MUNICIPALITY certifies that it, its
affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the Scrutinized Companies that boycott Israel List, or is engaged in a boycott of Israel,
pursuant to Section 215.4725, Florida Statutes, as may be amended. Pursuant to Section
287.135(3)(b), Florida Statutes, as may be amended, if MUNICIPALITY is found to have been
placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, this
Agreement may be terminated at the option of the COUNTY.
If the COUNTY determines, using credible information available to the public, that a false
certification has been submitted by MUNICIPALITY,this Agreement may be terminated and a civil
penalty equal to the greater of$2 million or twice the amount of this Agreement shall be imposed,
pursuant to Section 287.135, Florida Statutes,as may be amended. Said certification must also be
submitted at the time of Agreement renewal, if applicable.
Page 8 of 10
ARTICLE 24 -COUNTERPARTS
This Agreement, including any exhibits referenced herein, may be executed in one or more
counterparts, all of which shall constitute collectively but one and the same Agreement. The
COUNTY may execute the Agreement through electronic or manual means. MUNICIPALITY shall
execute by manual means only, unless the COUNTY provides otherwise.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 9 of 10
IN WITNESS WHEREOF, the parties through their duly authorized representatives do hereby
approve and execute this Agreement on the date first written above.
PALM BEACH COUNTY, FLORIDA, CITY OF BOYNTON BEACH
BY ITS BOARD OF COUNTY
COMMISSIONERS
By: By:
Joseph Abruzzo, County Administrator Rebecca Shelton, Mayor
ATTEST:
By: S LOyri12ai
Tammy Stanz(one, Inte ' rk
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGAL SUFFICIENCY AND LE AL SUFFI IENCY
By: By:
County Attorney Shawna G. Lamb, City Attorney
APPROVED AS TO TERMS APPROVED AS TO TERMS
AND CONDITIONS AND CONDITIONS
By: By: 1
County Department Director Hugh Muder, Fire Chief
SEAL.:
INCORPORATED:o
i
% 1920
1``��FCORIDP
Page 10 of 10
AGREEMENT
FOR EMS GRANT FUNDS
THIS AGREEMENT("Agreement") is made as of ,by and between the
Board of County Commissioners, Palm Beach County,a political sub-division of the State of Florida
(herein referred to as "COUNTY"), and the City of Boynton Beach, a municipal corporation of the
State of Florida(herein referred to as"MUNICIPALITY").
WITNESSETH
WHEREAS, the Florida Department of Health (DOH), through its Emergency Medical
Services (EMS) Program, is authorized by Chapter 401, Part II, Florida Statutes,to dispense EMS
Trust Fund moneys throughout the State to improve and expand pre-hospital emergency medical
services; and
WHEREAS, DOH annually divides forty-five percent (45%) of the EMS Trust Fund
moneys among the counties("EMS Grant");and
WHEREAS, pursuant to Section 401.113, Florida Statutes, the COUNTY may
distribute the funds that it receives under said program ("EMS Grant Funds")to EMS organizations
within Palm Beach County to improve and expand pre-hospital emergency medical services, as
deemed appropriate by the Board of County Commissioners("Board"); and
WHEREAS, the Board desires to distribute some of the EMS Grant Funds to reimburse
licensed municipal EMS providers in Palm Beach County for their purchase of certain EMS
equipment, medications, supplies, and/or training; and
WHEREAS,the COUNTY desires to open at least one grant application period each year
during which municipal EMS providers can submit grant requests for EMS Grant Funds to reimburse
them for their purchase of certain EMS equipment, medications, supplies, and/or training; and
WHEREAS, the MUNICIPALITY desires to participate in this grant program, which is
subject to the terms and conditions of the EMS Grant program and this Agreement.
Now, therefore, in consideration of the mutual promises contained herein, COUNTY and
MUNICIPALITY agree as follows:
ARTICLE 1 —RECITALS
The above recitals are true, correct and incorporated herein.
ARTICLE 2—CONTRACT MONITORS
The COUNTY's contract monitor during the term of this Agreement shall be Richard Ellis, Deputy
Director, Office of Emergency management, whose telephone number is 561-712-6549.
Pagel of 10
The MUNICIPALITY's contract monitor during the term of this Agreement shall be Jarvis Prince,
EMS Chief of the Boynton Beach Fire Rescue,whose telephone number is 561-742-6337.
ARTICLE 3—REQUEST AND APPROVAL FOR RECEIPT OF EMS GRANT FUNDS
The COUNTY,through its Office of Emergency Management,will open at least one grant application
period per year during which municipal EMS providers in Palm Beach County can submit grant
requests for EMS Grant Funds to reimburse municipalities for their purchase of certain EMS
equipment, medications, supplies, and/or training.
During each application period and grant cycle, if the MUNICIPALITY desires to receive EMS Grant
Funds from the COUNTY,the MUNICIPALITY must submit a request for EMS Grant Funds and
provide the COUNTY with documentation specifying the EMS equipment, medications, supplies,
and/or training that will be procured by the MUNICIPALITY.
The COUNTY's EMS Administrator, through the County Administrator, is hereby authorized to
approve or deny such requests in its reasonable discretion, which may take into consideration the
amount of EMS Grant Funds available and how the MUNICIPALITY's request will promote the
purpose of the EMS Grant program to improve and expand pre-hospital EMS. If the
MUNICIPALITY's request for EMS Grant funding is approved, the COUNTY,through its Office of
Emergency Management, will document the request and approval, and such documentation shall be
deemed to be incorporated by reference into this Agreement. For purposes of this Agreement, "EMS
Equipment" shall mean and include any EMS equipment, medications, or supplies approved
hereunder for reimbursement from EMS Grant Funds; "EMS Training" shall mean any EMS training
approved hereunder for reimbursement from EMS Grant Funds; and "EMS Equipment/Training"
shall mean singularly and collectively any EMS Equipment and/or EMS Training approved for
reimbursement hereunder.
If the MUNICIPALITY's request for EMS Grant funding is approved, the COUNTY will reimburse
the MUNICIPALITY for its purchase of the approved EMS Equipment/Training, subject to the terms
and conditions of the EMS Grant program and this Agreement.
The MUNICIPALITY must submit the required purchase documentation for reimbursement as
detailed in Article 4. Purchase and receipt of the approved EMS Equipment/Training, and submittal
of the required purchase documentation, must be completed within six months of said approval by
the COUNTY. The COUNTY's EMS Administrator may extend this deadline based on extenuating
circumstances and subject to any requirements of the EMS Grant program. Approved documentation
will be processed by the Palm Beach County Finance Department for payment to the
MUNICIPALITY.
ARTICLE 4 —RESPONSIBILITIES OF MUNICIPALITY
MUNICIPALITY shall:
A. Comply with general requirements of the COUNTY,this Agreement, and conditions of the EMS
Grant program.
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B. Within six months of the COUNTY's approval of the EMS Equipment/Training, submit to the
COUNTY contract monitor, copies of paid receipts, invoices, or other documentation acceptable
to the Palm Beach County Finance Department to establish that the approved EMS
Equipment/Training was purchased,received and completed by the MUNICIPALITY.
C. Immediately reimburse the EMS Grant Funds to the COUNTY should the MUNICIPALITY
cease to operate its pre-hospital emergency medical services during the life of the EMS Equipment
or the duration of the EMS Training; or if the MUNICIPALITY's purchase and receipt of the
EMS Equipment and/or completion of the EMS Training is not completed within the time frames
set forth herein. The COUNTY's EMS Administrator may extend these deadlines based on
extenuating circumstances and subject to any requirements of the EMS Grant program.
D. For any EMS Training approved for reimbursement hereunder, within six months of the
COUNTY's approval of the EMS Training, the MUNICIPALITY shall submit a training report
to the COUNTY's Office of Emergency Management documenting that the training has been
completed, including a sign in sheet, and the date,title and contact number of the persons that
received such training. The COUNTY's EMS Administrator may extend this deadline based on
extenuating circumstances and subject to any requirements of the EMS Grant program. It is the
responsibility of the MUNICIPALITY to provide the training. The MUNICIPALITY's failure to
satisfactorily complete the training in the time frame provided shall constitute a material breach
of this Agreement. As such, COUNTY may terminate this Agreement, and/or demand that the
MUNICIPALITY promptly reimburse all, or an applicable portion of, the EMS Grant Funds to
the COUNTY, which the MUNICIPALITY agrees to do.
E. The MUNICIPALITY hereby certifies that its request for the EMS Equipment/Training is for an
improvement and expansion of pre-hospital emergency medical services within Palm Beach
County and will not be used to supplant current levels of expenditures. MUNICIPALITY agrees
to the reimbursement for EMS Equipment/Training under the terms and conditions of the EMS
Grant program and this Agreement and will permit an audit.
F. MUNICIPALITY agrees to comply with all applicable EMS Grant program requirements. To
the extent relevant to MUNICIPALITY'S EMS Equipment/Training, MUNICIPALITY agrees
to comply with any obligations imposed on the COUNTY by the EMS Grant program to the
extent necessary for the COUNTY to comply with the EMS Grant program, including but not
limited to provisions relating to use of EMS Grant Funds,reports, inspections, audits,procuring,
inventorying, insuring and safeguarding equipment.
ARTICLE 5—LIABILITY AND INDEMNIFICATION
The MUNICIPALITY shall be liable for its own actions and negligence; and to the extent permitted
by law, shall indemnify, defend and hold harmless the COUNTY against any actions, claims
demands,costs or damages relating to or arising out of the EMS Equipment/Training, including but
not limited to the MUNICIPALITY's use, care and/or maintenance of, or training relating to, the
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EMS Equipment, and MUNICIPALITY's acts or omissions relating to or arising from the EMS
Training; and/or the MUNICIPALITY's acts or omissions that cause the COUNTY to be in breach
or violation of the EMS Grant program. Nothing in this Agreement shall be construed as a waiver of
either party's sovereign immunity or consent by either party to be sued by third parties.
ARTICLE 6—AVAILABILITY OF FUNDS
The COUNTY's performance and obligation under this Agreement, including to reimburse the
MUNICIPALITY under this Agreement, are contingent upon an annual budgetary appropriation by
the Board for the purposes hereunder and the availability of EMS Grant Funds. The total amount of
approved requests for EMS Grant Funds each fiscal year to all municipalities participating in the
program shall not exceed the amount of EMS Grant Funds budgeted by the Board for this purpose for
said fiscal year. Ongoing costs for the EMS Equipment/Training, including, but not limited to,
operation, use, maintenance, replacement and training, is the responsibility of the MUNICIPALITY
and will not be funded under this Agreement or the EMS Grant program.
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 a court of competent jurisdiction 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 MUNICIPALITY.
ARTICLE 8—ARREARS
The MUNICIPALITY shall not pledge the COUNTY's credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The
MUNICIPALITY further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this Agreement.
ARTICLE 9—ACCESS AND AUDITS
The MUNICIPALITY 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 expiration 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 MUNICIPALITY's place of business. The 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
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records, and to audit, investigate, monitor, and inspect the activities of the MUNICIPALITY, its
officers, agents, employees, and lobbyists in order to ensure compliance with Agreement
requirements and detect corruption and fraud. 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 10—NONDISCRIMINATION
The COUNTY is committed to assuring equal opportunity in the award of contracts and complies
with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2025-0748,as
may be amended, the MUNICIPALITY 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, or genetic information. Failure to meet
this requirement shall be considered default of the Agreement.
As a condition of entering into this Agreement, the MUNICIPALITY represents and warrants that it
will comply with the COUNTY's Commercial Nondiscrimination Policy as described in Resolution
R2025-0748, as amended. As part of such compliance, the MUNICIPALITY shall not discriminate
on the basis of race, color, national origin, religion, ancestry, sex, age, marital status,familial status,
sexual orientation, disability, or genetic information in the solicitation, selection, hiring or
commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the
MUNICIPALITY retaliate against any person for reporting instances of such discrimination. The
MUNICIPALITY 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 nothing 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 MUNICIPALITY understands 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 contracts, or other sanctions. This clause is not enforceable by or for the
benefit of, and creates no obligation to, any third party. The MUNICIPALITY shall include this
language in its subcontracts.
ARTICLE 11 —AUTHORITY TO PRACTICE
The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct pre-hospital emergency medical services and training
during the life of the EMS Equipment and the duration of the EMS Training, as applicable. Proof of
such licenses and approvals shall be submitted to the COUNTY's contract monitor upon request.
ARTICLE 12—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
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Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 13 -SURVIVABILITY
Any provision of this Agreement that is of a continuing nature, or which by its language or nature
imposes an obligation or right that extends beyond the term of this Agreement, shall survive the
expiration or earlier termination of this Agreement.
ARTICLE 14—NOTICE
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:
Richard Ellis, Deputy Director
Palm Beach County Office of Emergency Management
20 S. Military Trail
West Palm Beach, FL 33415
With copy to:
Palm Beach County Attorney's Office
301 North Olive Ave.
West Palm Beach, FL 33401
If sent to the MUNICIPALITY, notices shall be addressed to:
Jarvis Prince, EMS Chief
2080 High Ridge Rd
Boynton Beach, FL, 33426
ARTICLE 15—INSURANCE
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes,
(the "Statute"), the MUNICIPALITY represents that it is self-insured with coverage subject to the
limitations of the Statute, as may be amended. If MUNICIPALITY is not self-insured,
MUNICIPALITY shall,at its sole expense, purchase and maintain in full force and effect at all times
during the life of this Agreement, insurance coverage at limits not less than those contained in the
Statute.
Should MUNICIPALITY purchase excess liability coverage, MUNICIPALITY agrees to include
COUNTY as an Additional Insured. The MUNICIPALITY agrees to maintain or to be self-insured
for Workers' Compensation insurance in accordance with Chapter 440, Florida Statutes. Should
MUNICIPALITY contract with a third-party (Contractor) to perform any service related to the
Agreement, MUNICIPALITY shall require the Contractor to provide the following minimum
insurance:
Page 6 of 10
• Commercial General Liability insurance with minimum limits of$1,000,000 combined single
limit for property damage and bodily injury per occurrence and $2,000,000 per
aggregate. Such policy shall be endorsed to include MUNICIPALITY and COUNTY as
Additional Insureds. MUNICIPALITY shall also require that the Contractor include a Waiver
of Subrogation against COUNTY.
• Business Automobile Liability insurance with minimum limits of$1,000,000 combined single
limits for property damage and bodily injury per occurrence.
• Workers' Compensation insurance in compliance with Chapter 440, Florida Statutes, and
which shall include coverage for Employer's Liability with minimum limits of$1,000,000
each accident.
When requested, the MUNICIPALITY shall provide an affidavit or Certificate of Insurance
evidencing insurance or self-insurance. Compliance with the foregoing requirement shall not relieve
the MUNICIPALITY of its liability and obligations under this Agreement.
ARTICLE 16—ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the MUNICIPALITY 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 17—EFFECTIVE DATE AND TERMINATION
This Agreement shall commence upon approval by both parties, 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 or agreement approved by both parties.
If the COUNTY determines that the MUNICIPALITY has breached any material terms of this
Agreement or the EMS Grant program, the COUNTY may terminate this Agreement, and/or demand
that the MUNICIPALITY promptly reimburse all, or an applicable portion of, the EMS Grant Funds
to the COUNTY, which the MUNICIPALITY agrees to do.
ARTICLE 18—E-VERIFY -EMPLOYMENT ELIGIBILITY
Each party warrants and represents that it is in compliance with Section 448.095, Florida Statutes,as
may be amended. Each party has registered with and uses, and shall continue to use, the E-Verify
System (E-Verify.gov), to electronically verify the employment eligibility of all newly hired
employees. If either party has a good faith belief that the other party has knowingly violated Section
448.09(1), Florida Statutes, as may be amended, said party shall terminate this Agreement with the
violating party.
ARTICLE 19—PUBLIC RECORDS
Both parties shall comply with Florida's public records laws.
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ARTICLE 20— DISCLOSURE OF FOREIGN GIFTS AND CONTRACTS WITH FOREIGN
COUNTRIES OF CONCERN
Pursuant to Section 286.101, Florida Statutes,as may be amended, by entering into this Agreement
or performing any work in furtherance thereof, the MUNICIPALITY certifies that it has disclosed
any current or prior interest of,any contract with,or any grant or gift received from a foreign country
of concern where such interest, contract, or grant or gift has a value of$50,000 or more and such
interest existed at any time or such contract or grant or gift was received or in force at any time during
the previous five(5)years.
ARTICLE 21 -PUBLIC ENTITY CRIMES
As provided in Sections 287.132-133, Florida Statutes, as may be amended, by entering into this
Agreement or performing any work in furtherance hereof, the MUNICIPALITY certifies that it, its
affiliates,suppliers, subcontractors and consultants who will perform hereunder,have not been placed
on the convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof. This notice is required by Section
287.133(3Xa), Florida Statutes.
ARTICLE 22 -REGULATIONS; LICENSING REOUIREMENTS
The MUNICIPALITY shall comply with all laws, ordinances and regulations applicable to the
services and/or performance contemplated herein, to include those applicable to conflict of interest
and collusion. The MUNICIPALITY is presumed to be familiar with all federal, state and local
laws, ordinances, codes and regulations that may in any way affect the performance of the terms of
this Agreement.
ARTICLE 23—SCRUTINIZED COMPANIES
As provided in Section 287.135, Florida Statutes, as may be amended, by entering into this
Agreement or performing any work in furtherance hereof,the MUNICIPALITY certifies that it, its
affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the Scrutinized Companies that boycott Israel List, or is engaged in a boycott of Israel,
pursuant to Section 215.4725, Florida Statutes, as may be amended. Pursuant to Section
287.135(3)(b), Florida Statutes, as may be amended, if MUNICIPALITY is found to have been
placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, this
Agreement may be terminated at the option of the COUNTY.
If the COUNTY determines, using credible information available to the public, that a false
certification has been submitted by MUNICIPALITY,this Agreement may be terminated and a civil
penalty equal to the greater of$2 million or twice the amount of this Agreement shall be imposed,
pursuant to Section 287.135, Florida Statutes,as may be amended. Said certification must also be
submitted at the time of Agreement renewal, if applicable.
Page 8 of 10
ARTICLE 24 -COUNTERPARTS
This Agreement, including any exhibits referenced herein, may be executed in one or more
counterparts, all of which shall constitute collectively but one and the same Agreement. The
COUNTY may execute the Agreement through electronic or manual means. MUNICIPALITY shall
execute by manual means only, unless the COUNTY provides otherwise.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 9 of 10
IN WITNESS WHEREOF, the parties through their duly authorized representatives do hereby
approve and execute this Agreement on the date first written above.
PALM BEACH COUNTY, FLORIDA, CITY OF BOYNTON BEACH
BY ITS BOARD OF COUNTY
COMMISSIONERS
By: By:
Joseph Abruzzo, County Administrator Rebecca Shelton, Mayor
ATTEST:
By: 42_-
Tammy Stan ion`e,Interi ark
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGAL SUFFICIENCY AND LEG LSUUFFIC4We
IENCY
By: By: Gzii//�t
County Attorney Shawna G. Lamb, City Attorney
APPROVED AS TO TERMS APPROVED AS TO TERMS
AND CONDITIONS AND CONDITIONS
By: By:
County Department Director Hugh Bruder, Fire Chief
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