R21-126 1 RESOLUTION NO. R21-126
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT
4 WITH PALM BEACH COUNTY FOR AN EMS GRANT TO BOYNTON BEACH
5 FIRE RESCUE IN AN AMOUNT NOT TO EXCEED $20,279.74 TO REIMBURSE
6 THE CITY FOR ITS PURCHASE OF TWENTY (20) TOUGH TABLETS; AND
7 PROVIDING AN EFFECTIVE DATE.
•8
9 WHEREAS,the Department of Health, Bureau of Emergency Medical Services is authorized
10 by Chapter 401, Part II, Florida Statutes, to dispense pre-hospital emergency medical services
11 grant funds (EMS Grant) throughout the State to improve and expand pre-hospital emergency
12 medical services; and
13 WHEREAS, forty-five percent (45%) of EMS Grant funds are divided among the counties
14 to be used by each county for its EMS needs including the EMS Grant funds for reimbursement or
15 expenditures of licensed emergency medical service providers; and
16 WHEREAS, Boynton Beach Fire Rescue was awarded an EMS(Emergency Medical Services)
17 grant for the purchase of new tablets to be used for the completion of patient EMS Reports, Fire
18 Reports and integration with the Cities new CAD (Computer Aided Dispatch Program); and
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
20 recommendation of staff, deems it to be in the best interests of the City residents to approve and
21 authorize the City Manager to sign an Interlocal Agreement with Palm Beach County for an EMS
22 Grant to Boynton Beach Fire Rescue in an amount not to exceed $20,279.74 to reimburse the City
23 for its purchase of Twenty (20) Tough Tablets.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
25 BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. Each Whereas clause set forth above is true and correct and incorporated
27 herein by this reference.
S:\CA\RESO\Agreements\ILA With PBC For EMS Grant(Tablets)-Reso.Docx
28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
29 approve and authorize the City Manager to sign an Interlocal Agreement with Palm Beach County
30 for an EMS Grant to Boynton Beach Fire Rescue in an amount not to exceed $20,279.74 to
31 reimburse the City for its purchase of Twenty (20) Tough Tablets. A copy of the Interlocal
32 Agreement is attached hereto as Exhibit "A".
33 Section 3. That this Resolution shall become effective immediately upon passage.
34 PASSED AND ADOPTED this 21st day of September, 2021.
35 CITY OF BOYNTON BEACH, FLORIDA
36
37 YES NO
38
39 Mayor—Steven B. Grant ✓
40
41 Vice Mayor—Woodrow L. Hay
42
43 Commissioner—Justin Katz
44
45 Commissioner—Christina L. Romelus
46
47 Commissioner—Ty Penserga
48
49 VOTE SID
50 ATTEST:
51
52 ,16�
53
54 Cry tal Gibson, MMC
55 City Clerk
56
57
58 (Corporate Seal)
I ;)
S:\CA\RESO\Agreements\ILA With PBC For EMS Grant(Tablets)-Reso.Docx
R21-126
INTERLOCAL AGREEMENT
with
CITY OF BOYNTON BEACH FOR EMS GRANT FUNDS
THIS INTERLOCAL AGREEMENT("the Agreement")is made as of the day of ,
2021, 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 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 FY2020-2021
EMS Grant funds to reimburse the City for its purchase of EPCR Tablets with Accessories (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.
Page 1 of 7
ARTICLE 2 -REPRESENTATIVE/MONITORING POSITION
The COUNTY'S representative/Agreement monitor during the term of this Agreement shall be
Lynette Schurter,whose telephone number is(561) 712-6696
The CITY representative/contact monitor during the term of the Agreement shall be Jarvis Prince
whose telephone number is 561-742-6337.
ARTICLE 3—REIMBURSMENT OF CITY
The COUNTY agrees to reimburse the CITY for CITY purchased EMS Equipment from the
COUNTY'S FY2020-2021 EMS Grant funds in an amount not to exceed twenty thousand two
hundred seventy nine dollars and seventy four cents (20,279.74) 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
FY2020-2021 EMS Grant. Approved documentation will be processed by the County Finance
Department for payment to the CITY.
ARTICLE 4 -GRANT PROGRAM REOUIREMENTS
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 January 31, 2022 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 FY2020-2021 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:
Lynette Schurter, EMS Specialist
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:
Jarvis Prince
EMS Chief
2080 High Ridge Rd.
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.
• 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 -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 20—PUBLIC RECORDS
The CITY shall comply with Florida's Public Records Law with regard to any documents or other
records relating to this Agreement.
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.
PALM BEACH COUNTY CITY OF BOYNTON BEACH
BOARD OF COUNTY COMMISSIONERS
BY ITS COUNTY ADMINISTRATOR
By: By:
Verdenia C. Baker City Representative
County Administrator
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGAL SUFFICIENCY AND LEGAL SUFFICIENCY
By: By:
Asst. County Attorney City Attorney
APPROVED AS TO TERMS APPROVED AS TO TERMS
AND CONDITIONS AND CONDITIONS
By: By:
Department Director City Representative
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