R19-025 1 RESOLUTION R19-025
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3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE CITY
6 MANAGER TO SIGN AN INTERLOCAL AGREEMENT
7 WITH THE BOARD OF COUNTY COMMISSIONERS,
8 PALM BEACH COUNTY,FOR THE USE OF EMS GRANT
9 FUNDS FOR EMERGENCY MEDICAL SERVICES
10 EQUIPMENT FOR ONE (1) LUCAS CHEST
11 COMPRESSION DEVICE IN THE AMOUNT OF
12 $10,876.00; AND PROVIDING AN EFFECTIVE DATE.
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15 WHEREAS, the grant award is for one (1) Lucas Chest Compression Device, a form
16 of mechanical CPR (cardiopulmonary resuscitation), utilized by hospitals, Fire, and EMS
17 agencies, to provide the highest level of emergency medical care; and
18 WHEREAS, the Lucas device will replace an existing Lucas device currently
19 deployed in the field by Boynton Beach Fire Rescue that was procured in 2011; and
20 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation
21 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
22 Beach to approve and authorize the City Manager to sign the Interlocal Agreement with Board
23 of County Commissioners of Palm Beach County for the purchase of one (1) Lucas Chest
24 Compression device in the amount of$10,876.00.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
30 Section 2. The City Commission of the City of Boynton Beach hereby authorizes the
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31 City Manager to sign the Interlocal Agreement with Board of County Commissioners of Palm
32 Beach County for the purchase of one (1) Lucas Chest Compression device in the amount of
33 $10,876.00, a copy of said Interlocal Agreement is attached hereto and made a part here as
34 Exhibit"A".
35 Section 3. That this Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this 5th day of March, 2019.
37 CITY OF BOYNTON BEACH, FLORIDA
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39 YES NO
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41 Mayor-Steven B. Grant
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43 Vice Mayor-Christina L. Romelus
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45 Commissioner-Mack McCray
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47 Commissioner-Justin Katz 1/
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49 Commissioner-Aimee Kelley 62CJ enc
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51
52 VOTE " V
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54 ATTEST:
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57 , 41 -75,6,
58 Judith . Pyle, CMC
59 City erk
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61
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63 (Corporate Seal)
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INTERLOCAL AGREEMENT FOR THE
USE OF EMS GRANT FUNDS FOR EMERGENCY
MEDICAL SERVICES EQUIPMENT
THIS INTERLOCAL AGREEMENT("the Agreement") is made as of thep7t,Qday ofla .
2019, 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 "CITY"). each one constituting
a public entity as defined in Part 1 of Chapter 163, Florida Statues.
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 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 FY2018-2019 EMS State
grant funds for the purchase of one(1) Lucas Chest Compression System ("EQUIPMENT" "EMS
EQUIPMENT, or"EMS TRAINING") 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 I — RECITALS
The above recitals are true. correct and incorporated herein.
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ARTICLE 2 -RQPRESENTATIVE/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 representative/contact monitor during the term of the Agreement shall be
Matthew Petty whose telephone number is 561-742-6337.
ARTICLE 3—REIMBURSMENT OF CITY
The COUNTY shall reimburse the CITY for CITY purchased EMS EQUIPMENT from the
COUNTY'S FY2018-2019 State EMS grant funds in an amount not to exceed ten thousand eight
hundred and seventy six dollars ($10,876.00). The CITY shall purchase the EMS EQUIPMENT
and submit the required purchase documentation for reimbursement(referenced in Article - 4) to the
COUNTY Representative at least ninety (90) days before the expiration of the FY2018-2019 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 January 31, 2020 copies of paid receipts,
invoices, or other documentation acceptable to the Palm Beach County Finance Department to
establish that EMS EQUIPMENT was purchased by the CITY.
C. Immediately return the purchased EMS EQUIPMENT to the COUNTY should the CITY cease to
operate its pre-hospital emergency medical services during the life of the EMS 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 in use and operation of the EMS
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 EMS EQUIPMENT. It is the
responsibility of the CITY purchasing the EMS EQUIPMENT to provide the training. The
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
EMS EQUIPMENT.
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ARTICLE 5—LIABILITY
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 Section
768.28, Florida Statutes, the CITY agrees to indemnify, defend and hold harmless the COUNTY
against any actions, claims demands, costs or damages arising out of the CITY'S use, care and/or
maintenance of the EMS EQUIPMENT. This provision does not constitute consent of either party to
be sued by third parties and is not to be construed as a waiver of either party's sovereign immunity.
ARTICLE 6—FILING
A copy of this Agreement will be filed with the Clerk of the Circuit Court in and for Palm Beach
County.
ARTICLE 7 -AVAILABILITY OF FUNDS
The COUNTY'S performance and obligation to reimburse the CITY under this Agreement is
contingent upon availability of FY2018-2019 EMS State grant funds. Ongoing costs for EMS
EQUIPMENT including, but not limited to, operation, use, maintenance and replacement, is the
responsibility of the CITY and will not be funded under this Agreement or the State EMS grant
program.
ARTICLE 8—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 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
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 CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in
estimating and performing the work for at least three (3) 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 2421 -2440, as may be amended. The Inspector General's authority includes but is not
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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 —NONDISCRINIINATION
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 R2017-1770,as may be
amended, the CITY warrants and represents that throughout the term of the Contract, 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 Contract.
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 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:
Sally Waite, EMS Manager
20 South Military Trail
WPB, FL 33401
With copy to:
Palm Beach County Attorney's Office
301 North Olive Ave. —6th Floor
West Palm Beach, Florida 33401
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If sent to the CITY, notices shall be addressed to:
Matthew Petty
Assistant Chief of EMS
2080 High Ridge Road
Boynton Beach, FL 33426
ARTICLE 15 - INSURANCE
Without waiving the right to sovereign immunity as provided by section 768.28, Florida Statutes,
(Statute),the CITY represents that it is self-insured with coverage subject to the limitations of the Statute,
as may be amended. If CITY is not self-insured,CITY shall, at its sole expense,purchase and maintain
in full force and effect at all times during the life of this contract, insurance coverage at limits not less
than those contained in the Statute. Should CITY purchase excess liability coverage, CITY agrees to
include COUNTY as an Additional Insured. The CITY agrees to maintain or to be self-insured for
Workers' Compensation insurance in accordance with Chapter 440, Florida Statutes. Should CITY
contract with a third-party(Contractor)to perform any service related to the AGREEMENT, CITY shall
require the Contractor to provide the following minimum insurance:
• 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 CITY and COUNTY as Additional Insureds. CITY 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 CITY shall provide an affidavit or Certificate of Insurance evidencing insurance or
self-insurance. Compliance with the foregoing requirement shall not relieve the CITY of its liability and
obligations under this Agreement.
ARTICLE 16 - 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 17 - EXPIRATION OF AGREEMENT
This Agreement shall automatically expire in five(5)years from the effective date or upon the expiration
of the life of the EMS EQUIPMENT,whichever comes first, in accordance with the State EMS County
Grant Program. At such time, the CITY may dispose of said EMS EQUIPMENT as surplus property
with no further municipal purpose.
ARTICLE 18 -EFFECTIVE DATE
This Agreement shall become effective on the date indicated in the first paragraph of this
Agreement provided the Agreement has been executed by both the COUNTY and the CITY.
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ARTICLE 19—PUBLIC RECORDS
Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the CITY: (i)
provides a service;and(ii)acts on behalf of the County as provided under Section 119.011(2)F.S.,the
CITY shall comply with the requirements of Section 119.0701, Florida Statutes,as it may be amended
from time to time The CITY is specifically required to:
A. Keep and maintain public records required by the County to perform services as
provided under this Contract.
B. Upon request from the County's Custodian of Public Records, provide the County
with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter
119 or as otherwise provided by law. The CITY further agrees that all fees, charges
and expenses shall be determined in accordance with Palm Beach County PPM CW-
F-002, Fees Associated with Public Records Requests, as it may be amended or
replaced from time to time.
C. Ensure that public records that are exempt, or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the Contract, if the CITY
does not transfer the records to the public agency.
D. Upon completion of the Contract the CITY shall transfer, at no cost to the County, all
public records in possession of the CITY unless notified by County's
representative/liaison,on behalf of the County's Custodian of Public Records,to keep
and maintain public records required by the County to perform the service. If the
CITY transfers all public records to the County upon completion of the Contract, the
CITY shall destroy any duplicate public records that are exempt, or confidential and
exempt from public records disclosure requirements. If the CITY keeps and
maintains public records upon completion of the Contract, the CITY shall meet all
applicable requirements for retaining public records. All records stored electronically
by the CITY must be provided to County, upon request of the County's Custodian of
Public Records, in a format that is compatible with the information technology
systems of County, at no cost to County.
Failure of the CITY to comply with the requirements of this article shall be a material breach of this
Contract. County shall have the right to exercise any and all remedies available to it, including but
not limited to, the right to terminate for cause. CITY acknowledges that it has familiarized itself
with the requirements of Chapter 119, F.S., and other requirements of state law applicable to public
records not specifically set forth herein.
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IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS
DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY E-MAIL
AT RI:( t tRDSRN;OI FSI :a I'I3('(,O\ .OR(, OR BY TELEPHONE AT 561-355-6680.
THE REMINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County,
Florida has made and executed this Agreement on behalf of the COUNTY and CITY has hereunto
set its hand the day and year above written.
PALM BEACH COUNTY CITY OF BOYNTON BEACH
BOARD OF COUNTY COMMISSIONERS
By: By `` "
e enia C. Baker CITY Representative
County Administrator
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGAL SUFFICIENCY rAND LEGAL SUFFICIENCY
By: By:
A st. o `ty—lfrey CITY Attorney
APPROVED AS TO TERMS APPROVED AS TO TERMS
AND CONDITIONS AND CONDITIONS
By: xvc' � By: ii<CCr +( r'i • (.�
Department Director '/CITY Representative
A
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