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R17-024RESOLUTION R17 -024 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR THE REIMBURSEMENT OF THE PURCHASE OF REPORTING TABLETS AND PROTECTIVE CASES PURSUANT TO THE PALM BEACH COUNTY EMERGENCY MANAGEMENT (PBCEM) RECENTLY AWARDED EMERGENCY MEDICAL SERVICES FY 2017 EMS GRANT; AUTHORIZING THE CITY MANAGER TO SIGN THE INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Fire Rescue Department is seeking to update and replace its current inventory of electronic patient care reporting tablets; and WHEREAS, the current tablets have been in service since 2015 and are falling into disrepair; and WHEREAS, the grant will allow the Department to update all of the units with next generation tablets; and WHEREAS, Palm Beach County has agreed to reimburse the City from its FY2014- 2015 EMS State grant funds for the purchase of three (3) Power Pro Ambulance Cots and accessories in an amount not to exceed $37, 333.00; and WHEREAS, the City Commission upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize the City Manager to sign the Interlocal Agreement with Palm Beach County for the reimbursement of emergency medical services grant equipment for an expenditure of $9,454.00 and not to exceed $10,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as C:\ Users\ Stanzionet \Appdata\Local\Microsoft \Windows \Temporary Internet Files \Content.IE5 \52FYTEOE\ ILA _With_PBC_For_Reimbursement_Of EMS_Grant_(2017)_- _Reso.Doc 311 being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission approves and authorizes the City Manager to sign the Interlocal Agreement with Palm Beach County for the reimbursement of emergency medical services grant equipment for an expenditure of $9,454.00 and not to exceed $10,000.00, a copy of the Interlocal Agreement is attached hereto and made a part hereof as Exhibit "A ". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this � day of ' a, L� , 2017. Lill 5 1 57 al M CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE ATTEST: , zz ` L Judi A. Pyle, CMC Ci�t Clerk (Corporate Seal) C:\ Users\ Stanzionet \Appdata\Local\Microsoft \Windows \Temporary Internet Files \Content.IE5 \52FYTEOE\ ILA _With_PBC_For_Reimbursement_Of EMS_ Grant_(2017)_- _Reso.Doc YES NO r INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE REIMBURSEMENT OF EMERGENCY MEDICAL SERVICES GRANT EQUIPMENT THIS INTERLOCAL AGREEMENT ( "Interlocal Agreement" or "Agreement" or "contract ") is made as of the _At day of 2017, 2017, by and between the Board of County Commissioners, Palm Beach County, a political subdivision 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 the CITY), each one constituting a public entity as defined in Part I of Chapter 163, Florida Statutes. 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 Department of Health, Bureau of Emergency Medical Services ( DOHEMS) is authorized by Chapter 401, Part II, Florida Statutes, to dispense grant funds. Forty -five percent (45 %) of these funds are made available to the 67 Boards of County Commissioners (BCCs) throughout the State to improve and expand pre - hospital Emergency Medical Services (EMS) in their county; and WHEREAS, DOHEMS County grants are only awarded to Boards of County Commissioners (BCC), however, each BCC is encouraged to assess its countywide EMS needs and establish priorities before submitting a grant application; and WHEREAS, the COUNTY may reimburse and disburse the State trust funds _ to licensed emergency medical providers; and WHEREAS, the COUNTY agrees to reimburse the CITY from its FY2016 -2017 EMS State grant funds for the purchase of Fifteen (15) Reporting Tablets ( "EQUIPMENT" or "EMS equipment ") and the CITY agrees to accept said reimbursement under the terms and conditions of the EMS State grant and this Agreement. Now, therefore, in consideration of the mutual promises contained herein, COUNTY and CITY agree as follows: ARTICLE 1— RECITALS The above recitals are true, correct and incorporated herein. f Wd 91 AVW L1 Page 1 of 6 NOV39 NE INA - 0VI J0 1 3 ARTICLE 2 - REPRESENTATIVE/MONITORING POSITION The COUNTY'S representative /Agreement monitor during the term of this Agreement shall be Sally Waite, whose telephone number is (561) 712 -6484. The CITY'S representative /contact monitor during the term of the Agreement shall be Mike Landress, whose telephone number is (561) 742 -6337. ARTICLE 3 - PAYMENT TO CITY The total amount to be paid by the COUNTY from its FY2016 -2017 EMS grant funds for the purchased EMS Equipment as reimbursement to the CITY under this Agreement shall not exceed a total amount of ten thousand dollars ($10,000.00). The CITY shall purchase the EQUIPMENT and submit the required documentation for reimbursement (referenced in Article - 4) to the COUNTY Representative at least ninety (90) days before the expiration of the FY2016 -2017 EMS State Grant. Approved documentation will be processed by the County Finance Department for payment to the CITY. ARTICLE 4 - GRANT PROGRAM REQUIREMENTS CITY SHALL A. Comply with general requirements, and conditions of the State EMS County Grant Program. B. Submit to the COUNTY Representative on or before September 30, 2017 copies of paid receipts, invoices, or other documentation acceptable to the Palm Beach County Finance Department to establish that the purchase of the EQUIPMENT was incurred by the CITY. C. Immediately return the purchased EQUIPMENT to the COUNTY, should the CITY cease to operate its pre - hospital emergency medical services during the life of the equipment. D. Submit a training report to the COUNTY'S Division of Emergency Management to include a sign in sheet, date, title and contact number of the persons trained for the EQUIPMENT, if applicable within 90 days of the effective date of this Agreement. This report shall include all of the necessary training provided for the EQUIPMENT and will be the responsibility of the CITY purchasing the EQUIPMENT to provide the training. CITY'S failure to satisfactorily complete the training in the timeframe provided shall constitute a breach of contract. As such, COUNTY may terminate this Agreement and demand return of the EQUIPMENT. Page 2 of 6 ARTICLE 5 — LIABILITY/INDEMNIFICATION Each party to this Agreement shall be liable for its own actions and negligence. To the extent permitted by law, and without waiving sovereign immunity beyond the limits set forth at Sec. 768.28, Florida Statutes the CITY agrees to indemnify, defend and hold harmless the COUNTY against any actions, claims or damages arising out of the CITY'S use, care and maintenance of the EQUIPMENT. ARTICLE 6 — FILING A copy of this Interlocal Agreement will be filed with the Clerk of Circuit Court in and for Palm Beach County. ARTICLE 7 - AVAILABILITY OF FUNDS The COUNTY'S performance and obligation to pay under this Agreement is contingent upon annual appropriations from the FY2016 -2017 EMS State grant funds. On -going costs for EMS, maintenance and replacement of the EQUIPMENT is the responsibility of the CITY and will not be funded under this grant program. Such costs remain the responsibility of the CITY. The COUNTY shall have no further obligation to the CITY, or any other person or entity. ARTICLE 8 — REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Interlocal 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 Contract 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 Contract, including but not limited to any citizen or employees of the COUNTY and /or the CITY. ARTICLE 9 — ARREARS The CITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any Interlocal 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 Interlocal Agreement. ARTICLE 10 - ACCESS AND AUDITS 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. Page 3 of 6 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. 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 CITY warrants and represents that 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 and expression or genetic information. CITY has submitted to COUNTY a copy of its non - discrimination policy which is consistent with the above, as contained in Resolution R- 2014 -1421, as amended, or in the alternative, if CITY does not have a written non - discrimination policy, it has acknowledged through a signed statement provided for COUNTY affirming their non- discrimination policy conforms to R- 2014 -1421, as amended. 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 during the life of the equipment. 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 Interlocal Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Interlocal 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 Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 14 — ON TICE All notices required in this Interlocal 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: Sally Waite, EMS Manager 20 South Military Trail West Palm Beach, FL Page 4 of 6 With copy to: Palm Beach County Attorney's Office 301 North Olive Ave. — 6 th Floor West Palm Beach, Florida 33405 If sent to the CITY, notices shall be addressed to: EMS Coordinator Mike Landress 2080 High Ridge Road Boynton Beach, FL 33426 ARTICLE 15 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the CITY agree that this Interlocal Agreement sets forth the entire Interlocal 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 Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 16 - EXPIRATION OF INTERLOCAL AGREEMENT This Interlocal Agreement shall automatically expire in five (5) years or upon the expiration of the life of the EQUIPMENT, whichever comes first, in accordance with the State EMS County Grant Program. At such time, the CITY may dispose of said EQUIPMENT as surplus property with no further municipal purpose. ARTICLE 17 - EFFECTIVE DATE This Interlocal Agreement shall become effective when signed by both the COUNTY and the CITY. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 5 of 6 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Interlocal Agreement on behalf of the COUNTY and CITY has hereunto set its hand the day and year above written. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS By: �Aalan�' e� Verdenia C. Baker CITY OF BOYNTON BEACH B j �i.c�"L� City Representative County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY am APPROVED AS TO TERMS AND CONDITIONS •ii Director APPROVED AS AND LEGAJ�'S as ty A FORM ICIENCY APPROVED AS TO TERMS AND CONDI IONS By V efresentative Page 6 of 6 1 lON- DISCRIINIINATION AFFIRMATION AND CERTIFICATION Pursuant to Resolution R -2014 -1421, as amended, it is the policy of the Board of County Commissioners of Palm Beach County that Palm Beach County shall not conduct business with nor appropriate any funds to any organization that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability, or genetic information. All entities doing business with Palm Beach County are required to submit a copy of their non- discrimination policy which shall be consistent with the policy of Palm Beach County contained in R -2014 -1421, as amended, stated above, prior to entering into any contract with Palm Beach County. In the event an entity does not have a written non - discrimination policy, or such policy is not consistent with Palm Beach County's policy, the entity shall be required to sign a statement affirming they will conform to Palm Beach County's non - discrimination policy as stated above. CERTIFICATION The City of Boynton Beach does not have a written non - discrimination policy or one that complies with Palm Beach County's policy as stated above; however the City of Boynton Beach affirms that ii will conform to County's non - discrimination as contained in R- 2014 -1421, as amended. CITE' OF BOYNTON BEACH a municipal corporation of the State of Florida By: J Tayl , Mar Date ATTEST: Q B X: ' Janet . Prainito, MMC, Town Clerk G ?.t