R15-014 I
RESOLUTION R15 -014
i A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
N APPROVING AN INTERLOCAL AGREEMENT WITH PALM
il BEACH COUNTY FOR THE REIMBURSEMENT OF THREE
b POWER PRO AMBULANCE COTS AND ACCESSORIES
PURSUANT TO THE PALM BEACH COUNTY EMERGENCY
il MANAGEMENT (PBCEM) REDENTLY AWARDED EMERGENCY
• MEDICAL SERVICES FY 2014 -2015 EMS GRANT; AUTHORIZING
1 • THE CITY MANAGER TO SIGN THE INTERLOCAL
1 AGREEMENT; AND PROVIDING AN EFFECTIVE DATE,
1►.
1 c WHEREAS, the Boynton Beach Fire Rescue Department is seeking to update and
1 replace its current inventory of three (3) battery- powered stretchers which have been in service
1: since 2008 with a new state -of -the -art version power stretcher (6506 POWERPRO XT) which
1 features a more robust battery system and enhanced safety features; and
i
1 WHEREAS, Palm Beach County has agreed to reimburse the City from its FY2014-
1
1 2015 EMS State grant funds for the purchase of three (3) Power Pro Ambulance Cots and
1
11 accessories in an amount not to exceed $37, 333.00; and
28 WHEREAS, the City Commission upon recommendation of staff, deems it to be in the
2 best interest of the citizens and residents of the City of Boynton Beach to authorize the City
2& Manager to sign the Interlocal Agreement with Palm Beach County to reimburse the City for
2c three (3) Power Pro Ambulance Cots and accessories pursuant to the Palm Beach County
24 Emergency Management recently awarded Emergency Medical Services FY 2014 -2015 EMS
2: Grant in an amount not to exceed $37,333.00.
2 ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2: Section 1. The foregoing Whereas clauses are hereby ratified and confirmed as
2s being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
r
I
Section 2. The City Commission approves and authorizes the City Manager to sign
the Interlocal Agreement with Palm Beach County to reimburse the City for three (3) Power
N Pro Ambulance Cots and accessories pursuant to the Palm Beach County Emergency
4 Management recently awarded Emergency Medical Services FY 2014 -2015 EMS Grant in an
5 amount not to exceed $37333.00, 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.
e PASSED AND ADOPTED this 3` day of February, 2015.
10 CITY OF BOYNTON BEACH, FLORIDA
11
1 A YES NO
1t
1 Mayor — Jerry Taylor ✓
1M
1: 4/ Vice Mayor — Joe Casello
1
1 Commissioner — David T. Merker
1s
2M Commissioner — Mack McCray ■
2
2c Commissioner — Michael M. Fitzpatrick ✓
2
2 VOTE 5 0
2.
A ATTEST:
2!
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2• • 00.4-4. / _. ..
t M. Prainito, MMC
.
` y Clerk
I
G 11 0
II 1
Ole .te S . ? .
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R 15 -oN
INTERLOCAL AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE
REIMBURSEMENT OF EMERGENCY MEDICAL SERVICES GRANT EQUIPMENT
THIS INTERLOCAJ AGREEME T ( "Interlocal Agreement" or "Agreement" or "contract ")
is made as of the q day of �t /L , 2015, 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 FY2014 -2015 EMS State
grant funds for the purchase of three Power pro Ambulance Cots and accessories
gr' 3 P (3) p
( "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.
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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
EMS Coordinator Mike Landress, whose telephone number is (561) 742 -6337.
ARTICLE 3 - PAYMENT TO TOWN
The total amount to be paid by the COUNTY from its FY2014 -2015 EMS grant funds for the
purchased EMS Equipment as reimbursement to the CITY under this Agreement shall not
exceed a total amount of thirty seven thousand three hundred and thirty three dollars
($37,333.00).
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 FY2014 -2015 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, 2015 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 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.
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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 FY2014 -2015 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 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.
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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 8 -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 — NOTICE
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
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20 South Military Trail
West Palm Beach, FL
With copy to:
Palm Beach County Attorney's Office
301 North Olive Ave. — 6 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
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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 CITY OF BOYNTON BEACH
BOARD 0 r COUNTY COMMISSIONERS
/ l-e•t �O
Vince/ . Bonvento City Representative
Direc or of Public Safety
APPROVED AS TO FORM APPROVED AS • + FORM
AND LEGAL SUFFICIENCY AND LEGAL ' ICIENCY
L i , By ..�� By
County .1; rney ' ity Atty
APPROVED AS TO TERMS APPROVED AS TO TERMS
AND CONDITIONS AND CONDITIONS
/,
B . %��i' T. ° BY //A L /_A7✓ /C
Di ' ision D 'rector City Repre - ative
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