R20-014 1 RESOLUTION R20-014
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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) LARGE AND ONE (1) SMALL
11 NARCOTIC SECURITY BOX; AND PROVIDING AN
12 EFFECTIVE DATE.
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15 WHEREAS, the grant award is for the purchase of one (1) large Narcotic Security box
16 and one (1) small Narcotic Security box which will improve the manner in which the fore
17 department complies with State and Federal regulations in storing narcotics; and
18 WHEREAS, the purchase will streamline and provide complete chain of custody
19 information on narcotics; 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) large and one (1)
2,4 small Narcotic Security box.
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.
0 Section 2. The City Commission of the City of Boynton Beach hereby authorizes the
S:\CA\RESO\Agreements\ILA with PBC for EMS Grant Funds(2020)- Reso.docx
1 City Manager to sign the Interlocal Agreement with Board of County Commissioners of Palm
► Beach County for the purchase of one (1) large and one (1) small Narcotic Security box, a copy
c of said Interlocal Agreement is attached hereto and made a part here as Exhibit"A".
Section 3. That this Resolution shall become effective immediately upon passage.
• PASSED AND ADOPTED this (0 day of February, 2020.
• CITY OF BOYNTON BEACH, FLORIDA
YES NO
•I Mayor—Steven B. Grant ✓
► Vice Mayor—Justin Katz _, V
•c
Commissioner—Mack McCray ,/
•• Commissioner—Christina L. Romelus
Commissioner—Ty Penserga 17
-1 VOTE Y—O
-r
,c ATTEST:
C tal Gibson, C
City Clerk
ny
-1
+ (Corporate Seal)
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1920
ORCD
S:\CA\RESO\Agreements\ILA with PBC for EMS Grant Funds(2020)- Reso.docx
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ATTACHMENT 1
INTERLOCCAL AOGREEMENT
with JUL 14 2020
CITY OF BOYNTON BEACH FOR EMS GRANT FUNDS
THIS INTERLOCAL AGREEMENT("the Agreement")is made as of the e`'kr day of ItCtq ,
2020, by and between the Board of County Commissioners, Palm Beach ounty, a political tub-
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 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
to be used by each county for its EMS needs including using the EMS Grant funds for
reimbursement or expenditures of licensed emergency medical service providers; and
WHEREAS, the CITY has requested the COUNTY disburse a portion of the FY2019-2020
EMS Grant funds to reimburse the City for its purchase of one(1)Large Narcotic Security Box and
one(1) small Narcotic Security Box (together"EMS Equipment"); and
WHEREAS, the CITY 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
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 representative/contact monitor during the term of the Agreement shall be Matthew Petty
whose telephone number is 561-742-6326.
ARTICLE 3—REIMBURSMENT OF CITY
The COUNTY agrees to reimburse the CITY for CITY purchased EMS Equipment from the
COUNTY'S FY2019-2020 EMS Grant funds in an amount not to exceed nine thousand dollars
($9000.00). 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 FY2019-2020 EMS 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 of COUNTY and the conditions of the EMS Grant.
B. Submit to the COUNTY Representative on or before December 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 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
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.
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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 FY2019-2020 EMS 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 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 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 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 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 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.
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ARTICLE 11 — 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 CITY 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 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
If sent to the CITY, notices shall be addressed to:
Matthew Petty
Interim Chief
2080 High Ridge Road
Boynton Beach,FL 33426
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ARTICLE 15 - INSURANCE
Without waiving the right to sovereign immunity as provided by section 768.28, Florida Statutes, (the
"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 Agreement,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.
1 • 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 Agreement.
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 Agreement term and following completion of the Agreement, if the
CITY does not transfer the records to the public agency.
D. Upon completion of the Agreement 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 Agreement,
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 Agreement,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 Coupty'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
Agreement. 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 AGREEMENT,PLEASE CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS
DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL CGOV.ORG OR BY TELEPHONE AT 5614 01, BY -MAIL
AT RECORDSREQUEST(&,,PB 55-6 gp
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 CITY has hereunto
set its hand the day and year above written.
R202. 0 " IC
PALM BEACH COUNTY JUL 1 4 2020 CITY OF BOYNTON BEACH
BOARD OF COUNTY COMMISSIONERS
BY ITS UNTY ADMINISTRATOR
By: By.
—11:-AZIA"'" C-
Verdenia ' .t.X_/lr Baker City Representative
County Administrator
APPROVED AS TO FORM APPROVED AS ' 1 FORM
AND LEGAL SUFFICIENCY AND LEG S FFICI NCY
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By: ��aAil - add G{�cl��r.'O. f'u4 By: ILL
Asst. County Attorney Ci Atto
117
APPROVED AS TO TERMS APPROVED AS TO TERMS
AND CONDITIONS AND CONDITIONS
By:
Depa �, D � By:
M ent Director ity ''Representative
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