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R17-124 RESOLUTION R17- 124 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY TO ISSUE A DECLARATION OF LOCAL EMERGENCY AND STAFF EACH EMERGENCY SHELTER WITHIN THE MUNICIPAL BOUNDARIES; AUTHORIZING THE CITY MANAGER TO SIGN THE INTERLOCAL AGREEMENT; • AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Emergency Medical Services is part of the day to day operations of the Fire Service; and WHEREAS, Emergency Medical Technicians, and or Paramedics are the resources we use in life saving situations and especially during natural disasters; and WHEREAS, having EMS on site increases lifesaving capabilities while decreasing response time from being dispatched,which could be delayed due to roadway hazards; and WHEREAS, these services have been provided in the past based on mutual understanding, however, Palm Beach County would like to formalize the agreement with all agencies throughout the County; 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 to issue a declaration of local state of emergency and upon request of the County, the City shall staff each emergency . shelter located within it municipal boundaries. 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 being true and correct and are hereby made a specific part of this Resolution upon adoption C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\OBC08FAE-0091-4264-8E3D-C47A118A2411\Boynton Beach.7939.1.ILA_With_PBC_(Declare Emergency_And_Staff Shelters)_-_Reso.Doc 29 hereof. 30 Section 2. The City Commission approves and authorizes the City Manager to sign 3' the Interlocal Agreement with Palm Beach County to issue a declaration of local state of 22 emergency and upon request of the County, the City shall staff each emergency shelter located 33 within it municipal boundaries, a copy of the Interlocal Agreement is attached hereto and made a part hereof as Exhibit"A". 35 Section 3. That this Resolution shall become effective immediately upon passage. ?8 PASSED AND ADOPTED this _.4-4-4 day of &c'm/wr ,2017. 2T 28 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 4' 42 Mayor—Steven B. Grant ✓ 43 44 Vice Mayor—Justin Katz 45 46 Commissioner—Mack McCray 4f 48 Commissioner—Christina L. Rome lus 49 5 0 Commissioner—Joe Casello t' 52 5:► VOTE 5--ti 55 ATTEST: 56 58 9 Judi A. Pyle, CMC 'n x E 0 Cit Clerk Q; 62 to ` 63 6L (Corporate Seal) 65 C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\OBC08FAE-0091-4264-8E3D-C47A118A2411\Boynton Beach.7939.1.ILA_W ith_PBC_(Declare_Emergency_And_Staff_Shelters)_-_Reso.Doc INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE STAFFING OF EMERGENCY SHELTERS BY EMERGENCY MEDICAL SERVICES STAFF This Interlocal Agreement ("Agreement") is made as of the day of ,2017, (the "Effective Date") by and between the Board of County Commissioners, Palm Beach County, a political subdivision of the State of Florida (herein referred to as the "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 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 quality of any one local government to cope with the disasters with existing resources; and WHEREAS, the Emergency Management Act, as amended, gives the local government of the State the authority the make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. 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, those municipalities with emergency shelters have agreed to staff the 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. 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. Page 1 of 6 ARTICLE 2 - REPRESENTATIVE/MONITORING POSITION The County's representative/Agreement monitor during the term of this Agreement shall be Mary Blakeney, whose telephone number is (561) 712-6549. The City representative/contact monitor during the term of the Agreement shall be EMS Coordinator Mike Landress, whose telephone number is (561) 642-6337. ARTICLE 3-DECLARATION OF STATE OF EMERGENCY This Agreement is activated upon both an official declaration of emergency by the State of Florida or by Palm Beach County 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 County issued declaration of local state 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 FEMA's Recovery Policy RP 9523.6 and applicable FEMA guidance. Within thirty (30) days of the declaration of a local state 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 Division of Emergency Managements office,the State Office 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. 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 Page 2 of 6 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. In no event shall any provision of this Agreement be construed as a waiver of sovereign immunity or a consent to be sued by a third person,by either the City or the County. In no event shall this be intended as a waiver, limitation, abrogation, repeal, or replacement of any common law and/or statutory exemptions, immunities or protections from liability, including but not limited to, those established in Chapter 768, Florida Statutes. This section shall survive expiration or termination of this Agreement. 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 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. 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 the City does not have a written non-discrimination policy, it has acknowledged through a signed statement provided for Page 3 of 6 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 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 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: Bill Johnson, 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 Coordinator Mike Landress 2080 High Ridge Road Boynton Beach, FL 33426 with copy to: City's Attorney's Office James A. Cherof, Esquire Goren Cherof Doody& Ezrol, P.A. 3099 East Commercial Blvd., Ste. 200 Fort Lauderdale, FL 33308 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 Page 4 of 6 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 • Page 5 of 6 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. PALM BEACH COUNTY CITY OF BOYNTON BEACH BOARD OF COUNTY COMMISSIONERS By: By: Verdenia Baker City Representative County Administrator APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY LEGAL SUFFICIENCY By: By: County Attorney City Attorney APPROVED AS TO TERMS ATTEST: AND CONDITIONS By: By: Department Director City Representative Page 6 of 6 :tts- Ow .4OR19 MEMORANDUM TO: EMS Coordinator Mike Landress Department of Public Safety Division of Emergency Management FROM: Sally Waite 20 S.Military Trail Palm Beach County Emergency Management West Palm Beach,FL 33412 DATE: October 24, 2017 (561)712-6400 Fax:(561)712-6464 RE: Interlocal Agreement between Palm Beach County and the www.pbcgov.com staffing of Emergency Shelters by EMS staff. ■ Attached are three (3) original Interlocal Agreements that were previously Palm Beach County viewed by your Department. Please have all three(3)signed by the appropriate Board of County staff and returned to me. Commissioners Paulette Burdick,Mayor If you have any questions, please feel free to contact me at 561-712-6484. Melissa McKinlay,Vice Mayor Hal R.Valeche Dave Kerner Steven L.Abrams Mary Lou Berger Thank you for your time and consideration Mack Bernard County Administrator Verdenia C.Baker "An Equal Opportunity Affirmative Action Employer"