R23-079 1 RESOLUTION NO. R23-079
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A
5 GRANT AGREEMENT WITH PALM BEACH COUNTY FOR THE PURCHASE
6 OF ELEVEN (11) ELK UFT CUSHIONS; AND PROVIDING AN EFFECTIVE
7 DATE.
8
9
10 WHEREAS, this grant is for the purchase of Eleven (11) Elk Lifting Cushions at a total
11 cost of $15, 381.19; and
12 WHEREAS, these devices will aid the City's firefighters with lifting patients from the
13 ground to chair height allowing them to stand to their feet with minimal effort and minimizing
14 the chance of back injuries to firefighters; and
15 WHEREAS, upon recommendation of staff, the City Commission finds it in the best
16 interest of the citizens and residents of the City of Boynton Beach to approve and authorize
17 the City Manager to sign a Grant Agreement with Palm Beach County for the purchase of
18 eleven (11) elk lift cushions.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
20 BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24 Section 2. The City Commission approves and authorizes the City Manager to sign
25 a Grant Agreement with Palm Beach County for the purchase of eleven (11) elk lift cushions, a
26 copy of the Grant Agreement is attached hereto and incorporated herein as Exhibit "A".
27 Section 3. This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Grants\EMS Grant Agreement With PBC(Elk Lift Cusions)-Reso.Docx
28 PASSED AND ADOPTED this 20th day of June, 2023.
29 CITY OF BOYNTON BEACH, FLORIDA
30
31 YES NO
32
33 Mayor—Ty Penserga
34
35 Vice Mayor—Thomas Turkin
36
37 Commissioner—Angela Cruz
38
39 Commissioner—Woodrow L. Hay
40
41 Commissioner—Aimee Kelley
42
43 VOTE 5��
44
45 AT
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46
47 1..� ' � �' Ai-
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48 Maylee De -sus, MPA, C Ty Pr't �—
49 City Cler Mayor
50
51 APP: AS g F•'
52 (Corporate Seal) ` .
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54 i��0•GOFtPORgT�•��<0
y Michael D. Cirullo, Jr.
55 ; �; SEAL _ City Attorney
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S:\CA\RESO\Agreements\Grants\EMS Grant Agreement With PBC(Elk Lift Cusions)-Reso.Docx
AGREEMENT
FOR EMS GRANT FUNDS
THIS AGREEMENT ("the Agreement") is made as of the c20day of ,,u M- , 2023, 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 Department of Health, Bureau of Emergency Medical Services
("DOHEMS") is authorized by Chapter 401, Part II, Florida Statutes, to dispense pre-hospital
emergency medical services grant funds ("EMS Grant") throughout the State to improve and expand
pre-hospital emergency medical services; and
WHEREAS, forty-five percent (45%) of EMS Grant funds are divided among the counties
each year to be used by each county for its EMS needs including using the EMS Grant funds for
reimbursement of expenditures of licensed emergency medical service providers; and
WHEREAS, the MUNICIPALITY has requested the COUNTY disburse a portion of the
FY2022-2023 EMS Grant funds to reimburse the MUNICIPALITY for its purchase of Eleven (11)
Mangar ELK lifting cushions plus Airflo 24 compressor (together"EMS Equipment"); and
WHEREAS,the MUNICIPALITY agrees to accept said reimbursement for EMS Equipment
under the terms and conditions of the EMS Grant 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—REPRESENTATIVE/MONITORING POSITION
The COUNTY'S representative/Agreement monitor during the term of this Agreement shall be
Ronnie Heen, whose telephone number is 561-712-6484.
The MUNICIPALITY representative/contact monitor during the term of the Agreement shall be
Jarvis Prince whose telephone number is 561-742-6337.
ARTICLE 3 —REIMBURSEMENT OF MUNICIPALITY
The COUNTY agrees to reimburse the MUNICIPALITY for MUNICIPALITY purchased EMS
Equipment from the COUNTY'S FY2022-2023 EMS Grant funds in an amount not to exceed
Fifteen thousand four hundred dollars ($15,400.00). The MUNICIPALITY shall purchase the
EMS Equipment and submit the required purchase documentation for reimbursement as detailed in
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Article 4. Approved documentation will be processed by the County Finance Department for payment
to the MUNICIPALITY.
ARTICLE 4—GRANT PROGRAM REQUIREMENTS
MUNICIPALITY SHALL:
A. Comply with general requirements of COUNTY and the conditions of the EMS Grant.
B. Submit to the COUNTY Representative on or before December 29, 2023 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 MUNICIPALITY. The County's Public
Safety Department Director may extend this deadline, subject to any requirements of the EMS
Grant.
C. Immediately return the purchased EMS Equipment to the COUNTY should the MUNICIPALITY
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,by December 29,2023.The County's Public Safety Department Director
may extend this deadline, subject to any requirements of the EMS Grant. This report shall include
all of the necessary training provided for the EMS Equipment. It is the responsibility of the
MUNICIPALITY purchasing the EMS Equipment to provide the training. The
MUNICIPALITY'S failure to satisfactorily complete the training in the timeframe provided shall
constitute a material breach of Agreement. As such, COUNTY may terminate this Agreement and
demand return of the EMS Equipment.
ARTICLE 5—LIABILITY
Each party to this Agreement shall be liable for its own actions and negligence. To the extent
permitted by law, and solely within the limits established by Section 768.28, Florida Statutes, the
MUNICIPALITY agrees to indemnify, defend and hold harmless the COUNTY against any actions,
claims demands,costs or damages arising out of the MUNICIPALITY'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—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 for
the purposes hereunder and the availability of FY2022-2023 EMS Grant funds. Ongoing costs for
EMS Equipment including, but not limited to, operation, use, maintenance and replacement, 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
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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 MUNICIPALITY.
ARTICLE 8—ARREARS
The MUNICIPALITY 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
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 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 MUNICIPALITY'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 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 R2017-1770, 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,gender identity or expression,or genetic information.
Failure to meet this requirement shall be considered default of the Agreement.
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 during the life of
the equipment. Proof of such licenses and approvals shall be submitted to the COUNTY's
representative upon request.
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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
Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 13—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:
Ronnie Heen, Emergency Program Coordinator
20 South Military Trail
WPB, FL 33415
With copy to:
Palm Beach County Attorney's Office
301 North Olive Ave. — 6th Floor
West Palm Beach, Florida 33401
If sent to the MUNICIPALITY, notices shall be addressed to:
Fire Chief Hugh Bruder
2080 High Ridge Rd.
Boynton Beach, FL 33426
ARTICLE 14—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:
• 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
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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 15—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 16—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 MUNICIPALITY may dispose of said EMS
Equipment as surplus property with no further municipal purpose.
ARTICLE 17—EFFECTIVE DATE
This Agreement shall become effective upon execution by both the COUNTY and the
MUNICIPALITY.
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.
THE REMAINDER 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 MUNICIPALITY has
hereunto set its hand the day and year above written.
PALM BEACH COUNTY CITY OF BOYNTON BEACH
BOARD OF COUNTY COMMISSIONERS
BY ITS COUNTY ADMINISTRATOR
By: By:
Verdenia C. Baker unicipa • ' : -•e
County Administrator Ct)rYorote(
APPROVED AS TO FORM APPROVED AS TO FOR
AND LEGAL SUFFICIENCY AND LEGAL SUFFICE CY
By: By:
Asst. County Attorney Municipality ttorney
APPROVED AS TO TERMS APPROVED AS TO TERMS
AND CONDITIONS AND CONDITIONS
By: B 1412
1.
Department Director Mun• lity Repres- tative
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