R10-175
II
1 RESOLUTION NO. R 10-/16
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3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING
5 THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL
6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
7 THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH
8 COUNTY, ACCEPTING GRANT FUNDED EQUIPMENT FROM THE
9 PALM BEACH COUNTY DIVISION OF EMERGENCY
10 MANAGEMENT'S EMERGENCY MEDICAL SERVICE GRANT
11 AWARD PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
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14 WHEREAS, the State of Florida collects funds from state traffic violations and
15 distributes the money to Florida counties to enhance Emergency Medical Services statewide;
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17 WHEREAS, the Palm Beach County Emergency Medical Services Division has
18 purchased "advanced airway" equipment with these funds for the City of Boynton Beach to
19 improve and expand the City's pre-hospital emergency medical services; and
20 WHEREAS, the City Commission upon recommendation of staff, deems it in the best
21 interest of the citizens ofthe City of Boynton Beach to approve and authorize the execution of
22 the Interlocal Agreement with the Board of County Commissioners of Palm Beach County for
23 the acceptance of grant funded equipment.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
27 ratified and confirmed by the City Commission.
28 Section 2. The City Commission ofthe City of Boynton Beach hereby approves and
29 authorizes the Mayor and City Clerk to execute the Interlocal Agreement between the City of
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1 Boynton Beach and the Palm Beach County Commissioners accepting the grant funded
2 equipment, a copy of which is attached hereto as Exhibit "A".
3 Section 3. This Resolution shall become effective immediately upon passage.
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4 PASSED AND ADOPTED this l day of December, 2010.
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6 CITY OF BOYNTON BEACH, FLORIDA
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22 Commissioner - Woodrow L. Hay_ ..
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26 Commissioner - Stev
27 ATTEST:
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INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made as of_day of ,_byand
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 municipality
located in Palm Beach County, Florida (herein referred to as the AGENCY), each one
constituting a public agency as defined in Part 1 of Chapterl63, Florida Statutes.
WITNESSETH
WHEREAS, The Department of Health, Bureau of Emergency Medical Services (EMS) is
authorized by Chapter 401, Part II, F.S., to dispense grant funds. Forty-five percent (45%) of
these funds are made available to the 67 Boards of County Commissioners throughout the State
to improve and expand pre-hospital EMS systems in their county; and
WHEREAS, Section 163.01 of the Florida Statutes, known as the Florida Interlocal
Cooperation Act of 1969, authorizes local governmental units 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 in a manner and pursuant to forms of governmental
organization that will harmonize geographic, economic, population, and other factors influencing
the needs and development of local communities; and
WHEREAS, Part 1 of Chapter 163 of the Florida Statutes permits public agencies as defined
therein to enter into interlocal agreements with each other to exercise jointly any power,
privilege, or authority which such agencies share in common and which each might exercise
separately; and
WHEREAS, EMS County grants are awarded only 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. The assessment should be coordinated with area
EMS councils, when available; and
WHEREAS, AGENCY has been identified as a recipient of three GlideScope@ Ranger
Video Laryngoscope System of the EMS funds granted to COUNTY or a recipient of grant
equipment procured by the County; and
WHEREAS, the COUNTY and AGENCY both desire to enter into this Agreement to
establish terms and conditions under which the COUNTY'S Emergency Management Director
and/or the Emergency Medical Services Manager has agreed.
NOW, THEREFORE, in consideration of the EMS Grant agreement herein contained,
COUNTY and AGENCY agree as follows:
SECTION 1. AGENCY agrees to:
A. Submit a detailed budget conforming to the Scope of Work (Attachment 1) prior to
initiating any work or purchase of equipment, good, or services. N/ A
B. Comply with the reporting requirements identified in Attachment. N/ A
C. Maintain the items purchased in working order for the life of the items.
D. Complete the project as soon as possible and no later than the termination date set forth
herein. N/ A
E. Submit a Final Invoice. In order for both parties to close their books and records, the
AGENCY will clearly state "final invoice" on the AGENCY's final/last billing to the
COUNTY. This shall constitute AGENCY's certification that all services have been
properly performed and all charges and costs have been invoiced to COUNTY. Any
other charges not properly included on this final invoice are waived by the AGENCY.
N/A
F. 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 AGENCY
further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms ofthis Agreement.
G. 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 AGENCY's place of business.
H. Comply with requirements of the EMS Grant program fiscal year (FY 2009) and the
terms, conditions, and certifications, attached hereto as "Attachment 3".
I. On-going costs for EMS and replacement of equipment will not be funded under this
grant program or by COUNTY. These costs remain the responsibility of the AGENCY.
J. Transfer the equipment or other items to the COUNTY, when the AGENCY owning any
equipment funded through the grant program in whole or in part and which purchased
that equipment to provide services for a municipality, COUNTY or other public
AGENCY ceasing operation within five years of the ending date of a grant awarded to
the organization shall. There shall be no cost to the COUNTY. This provision is
applicable when services cease operating due to a contract ending as well as any other
reason.
K. 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. The due dates for the required report shall be specified in the letter from the
COUNTY'S Division of Emergency Management notifying AGENCY of the grant
award. This report shall include all of the necessary training provided for the equipment
and will be the responsibility of the AGENCY accepting the equipment to provide the
training.
SECTION 2. COUNTY AGREES TO: N/A
A. Review invoices received from the AGENCY pursuant to this Agreement. Invoices
will be reviewed and approved by the COUNTY's representative, to verify that services have
been rendered in conformity with the Agreement. Upon approval, the COUNTY will send the
AGENCY'S approved invoice to the COUNTY's Finance Department for payment. Invoices
will normally be paid within thirty (30) days following the COUNTY representative's submittal.
Invoices not approved will be returned to AGENCY for correction and re-submittal.
B. Reimburse AGENCY an amount not to exceed ($ ) when properly
invoiced.
SECTION 3. REPRESENTATIVEIMONITORING POSITION
The COUNTY'S representative/contract monitor during the term of this Agreement shall
be Sally Waite, whose telephone number is (561) 712-6484.
AGENCY's representative/contract monitor during the term of the Agreement shall be
Michael Landress whose telephone number is (561) 742-6337.
SECTION 4. EFFECTIVE DA TE/TERMINA TION
This Agreement shall take effect on and shall continue in full force and
effect up to and including unless otherwise terminated as provided herein.
SECTION 5. ACCESS AND AUDITS
The COUNTY shall have access to all books, records and documents as required in this section
for the purpose of inspection or audit during normal business hours.
SECTION 6. BREACH/OPPORTUNITY TO CURE
The parties hereto expressly covenant and agree that in the event either party is in default of its
obligations herein, the party not in default shall provide to the party in default thirty (30) days
written notice to cure said default before exercising any of its rights as provided for in this
Agreement.
SECTION 7. TERMINATION
This Agreement may be terminated by either party to this Agreement upon sixty (60) days
written notice to the other party. All equipment shall be surrendered immediately upon
termination of this Agreement.
SECTION 8. ATTORNEY'S FEES
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of
the terms and/or conditions of the Agreement shall be borne by the respective parties; however,
this clause pertains only to the parties to this Agreement.
SECTION 9. NOTICE AND CONTACT
All notices provided under or pursuant to the Agreement shall be in writing, delivered either by
hand or by first class, certified mail, return receipt requested, to the representatives identified
below at the address set forth below.
For the COUNTY: Sally Waite
EMS Manager
Palm Beach County Emergency Management
20 S. Military Trail
West Palm Beach, FL 33415
With a copy to: Dawn Wynn
Assistant County Attorne~
301 North Olive. Ave., 6t Floor
West Palm Beach, FL 33401
For the AGENCY: Boynton Beach Fire Rescue Department
2080 Highridge Road
Boynton Beach, Fl33426
SECTION 10. DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the constitutional or
statutory duties of the officers of the COUNTY and AGENCY.
SECTION 11. FILING
A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm Beach
County.
SECTION 12. LIABILITY
The parties to this Agreement and their respective officers and employees shall not be deemed to
assume any liability for the acts, omissions, and negligence of the other party. Further, nothing
herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section
768.28, Florida Statutes.
SECTION 13. REMEDIES
This Agreement shall be construed by and governed by the laws of the State of Florida. Any and
all 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 hereinafter existing at law or in equity or 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.
SECTION 14. EQUAL OPPORTUNITY PROVISION
The COUNTY and the AGENCY agree that no person shall, on the grounds of race, color, sex,
national origin, disability, religion, ancestry, marital status, familial status, sexual orientation or
gender identity or expression, be excluded from the benefits of, or be subjected to, any form of
discrimination under any activity carried out by the performance of this Agreement.
SECTION 15. INSURANCE BY AGENCY
Without waiving the right to sovereign immunity as provided by s.768.28 FS.. AGENCY
acknowledges to be self-insured for General Liability under Florida sovereign immunity statutes
with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary
waiver limits that may change and be set forth by the legislature.
In the event AGENCY maintains third-party Commercial General Liability in lieu of exclusive
reliance of self-insurance under s. 768.28 FS., AGENCY shall agree to maintain said insurance
policies at limits not less than $500,000 combined single limit for bodily injury or property
damage.
When requested, AGENCY shall agree to provide an affidavit or Certificate of Insurance
evidencing insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees
to recognize as acceptable for the above mentioned coverage's.
Compliance with the foregoing requirements shall not relieve AGENCY of its liability and
obligations under this Agreement.
SECTION 16. REGULATIONS; LICENSING REQUIREMENTS
The AGENCY shall comply with all laws, ordinances and regulations applicable to the services
contemplated herein, to include those applicable to conflict of interest and collusion. The
AGENCY is presumed to be familiar with all federal, state and local laws, ordinances, codes and
regulations that may in any way affect the services offered.
SECTION 17. CAPTIONS
The captions and section designations herein set forth are for convenience only and shall have no
substantive meaning.
SECTION 18. SEVERABILITY
In the event that any section, paragraph, sentence, clause, or provision herein shall be held by a
court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this
Agreement and the same shall remain in full force and effect.
SECTION 19. ENTIRETY OF AGREEMENT
This Agreement represents the entire understanding between the parties, and supersedes all other
negotiations, representation, or agreement, written or oral, relating to the Agreement.
SECTION 20. OFFICE OF THE INSPECTOR GENERAL
Palm Beach County has established the Office of the Inspector General in Ordinance 2009-049,
as may be amended, which is authorized and empowered to review past, present and proposed
COUNTY contracts, transactions, accounts and records. The Inspector General has the power to
subpoena witnesses, administer oaths and require the production of records, and audit,
investigate, monitor and inspect the activities of the AGENCY, 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 interference or impeding any investigation
shall be in violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida
Statutes, in the same manner as a second degree misdemeanor.
THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County,
Florida has made and executed this Contract on behalf of the COUNTY and AGENCY has
hereunto set its hand the day and year above written.
SHARON R. BOCK, CLERK & CH COUNTY BOARD OF ~
COMPTROLLER COMMISSIONERS
By:
Deputy Clerk Vine t J. Bonvento
Assistant County Administrator/
Director of Public Safety
ATTEST: AGENCY
By: By:
Agency Attorney Agency Representative
By:
ATTACHMENT 1:
Attachment 1 shall be the "Scope of Work" identified for each agency. This scope of work is
individualized for the agency and will include all of the items to be reimbursed and approved for
reimbursement.
ATTACHMENT 2:
Attachment 2 shall be the forms required for quarterly reporting and the forms to be used to seek
reimbursement by the County.
A TT ACHMENT 3:
Attachment 3 will be a copy of the signed and executed contract between Department of Health,
Bureau of Emergency Medical Services and the Palm Beach County, Board of County
Commissioners.
The City of Boynton Beach
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City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www,boynton-beach.org
MEMORANDUM
TO: Michael Landress
Boynton Beach Fire & Rescue
FROM: Janet M. Prainito, MMC
City Clerk
DATE: December 16, 2010
SUBJECT: Rl0-175 Interlocal Agreement for Grant Funds to Improve and
Expand Pre-Hospital EMS Systems in the County
Attached for your handling are three (3) originals for the agreement mentioned above.
Once the documents have been executed, please return one original to the City Clerk's
Office for Central File.
Please contact me if there are any questions. Thank you.
CJ~.-r, 'In. ~
Attachments
(3 Agreements)
C: Central File
S:\CC\ WP\AFTER COMMISSION\Departmental Transmittals\20 1 O\Michael Landress R 1 O-175.doc
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