HomeMy WebLinkAboutR2024-68 Interlocal Agreement with PBC for use of grant funds to purchase EMS EquipmentRESOLUTION 2024-68
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING AN INTERLOCAL
AGREEMENT WITH PALM BEACH COUNTY FOR THE USE OF GRANT
FUNDS FOR EMERGENCY MEDICAL SERVICES EQUIPMENT AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
AGREEMENT; APPROVING THE SOLE SOURCE PURCHASE OF FIVE
HANDTEVY PEDIATRIC TRAINING BAGS UTILIZING GRANT FUNDS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Palm Beach County has offered the Village a non -matching grant through the Florida
Department of Health, Bureau of Emergency Medical Services County Grant Program in the
amount of $8,669.00, and the receipt of the grant funds requires execution of an Interlocal
Agreement with the County; and
WHEREAS, Village Staff requested approval to utilize the funds for the sole source purchase of
five Handtevy Pediatric Bags with training and medication and equipment guides; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves an Interlocal Agreement with Palm Beach
County for the Use of EMS Grant Funds for Emergency Medical Services Equipment, a copy of
which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to
execute the Agreement on behalf of the Village.
Section 3. The Village Council approves the sole source purchase of five Handtevy Pediatric
Bags with training and medication and equipment guides at a total cost of $8,669.00, with funds
expended from Account No. S5812-49001 (Fire Rescue — EMS Grant Expense).
Section 4. This Resolution shall take effect immediately upon its adoption.
PA ;�r�%/•,y�i1 ADOPTED THIS 22ND DAY OF AUGUST, 2024.
MAYOR
ATTACHMENT 2
AGREEMENT
FOR EMS GRANT FUNDS
THIS AGREEMENT ("the Agreement") is made as of the I1t'hday of near 7,o2,5 ,
the Board of County Commissioners, Palm Beach County, a political sub-divisi of the State of
Florida (herein referred to as "COUNTY"). and the Village of North Palm Beach, a municipal
corporation of the State of Florida (herein referred to as "MUNICIPALITY").
WITNESSETFI 2025 3
MAR 1 1 2025
WHEREAS, the Florida Department of Health (DOH), through its Emergency Medical
Services Program, is authorized by Chapter 401, Part 11, 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 arc 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
FY2023-2024 EMS Grant funds to reimburse the MUNICIPALITY for its purchase of Five (5)
Handtevy Pediatric Bags with trainings and medication and equipment guides (together
"EMS Equipment"); and
WHEREAS, the MUNICIPALITY agrees to accept said reimbursement for EMS
Equipment under the terms and conditions of the EMS Grant program, the Memorandum of
Agreement for Emergency Medical Services County Grants (DOH MOA) between the COUNTY
and DOH, 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
Lee Moultrie, EM Program Manager. whose telephone number is 561-712-6484.
The MUNICIPALITY representative/contact monitor during the term of the Agreement shall be
Scott Freseman, District Chief, whose telephone number is 561-904-2132.
Page 1 of 8
ARTICLE 3 — REIMBURSEMENT OF MUNICIPALITY
The COUNTY agrees to reimburse the MUNICIPALITY for MUNICIPALITY purchased EMS
Equipment from the COUNTY'S FY2023-2024 EMS Grant funds in an amount not to exceed Eight
thousand six hundred sixty nine dollars ($8,669.00). The MUNICIPALITY shall purchase the
EMS Equipment and submit the required purchase documentation for reimbursement as detailed in
Article 4. Approved documentation will be processed by the County Finance Department for
payment to the MUNICIPALITY.
ARTICLE 4 — GRANT PROGRAM REOUIREMENTS
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 April 30, 2025 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 April 30, 2025. 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.
E. The MUNICIPALITY hereby certifies that its request for the EMS Equipment is for an
improvement and expansion of pre -hospital emergency medical services within the
County and will not be used to supplant current levels of expenditures. MUNICIPALITY
agrees to the reimbursement for EMS Equipment under the terms and conditions of the EMS
Grant program, the DOH MOA and this Agreement, and will permit an audit.
F. MUNICIPALITY agrees to comply with all applicable EMS Grant program requirements. To
the extent relevant to MUNICIPALITY's EMS Equipment, MUNICIPALITY agrees to comply
with any obligations imposed on the COUNTY by the EMS Grant program and the DOH MOA
to the extent necessary for the COUNTY to comply with the EMS Grant program and the DOH
MOA, including but not limited to provisions relating to use of EMS Grant funds, reports,
Page 2 of 8
inspections, audits, and procuring, inventorying, insuring and safeguarding equipment. If the
DOH MOA is terminated for any reason, in full or in part relevant to the MUNICIPALITY's
EMS Equipment, the COUNTY may terminate this Agreement upon written notice to the
MUNICIPALITY. If there are any inconsistencies between the DOH MOA and this
Agreement, the DOH MOA will prevail.
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, or its acts or omissions that cause the COUNTY to be in
breach or violation of the DOH MOA or the EMS Grant program. 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 FY2023-2024 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 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.
Page 3 of 8
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.
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 - SURVIVABILITY
Any provision of this Agreement that is of a continuing nature, or which by its language or
Page 4 of 8
nature imposes an obligation or right that extends beyond the term of this Agreement, shall
survive the expiration or earlier termination of this Agreement.
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:
Lee Moultrie, Emergency Program Coordinator
20 S. Military Trail
West Palm Beach, FL 33415
With copy to:
Palm Beach County Attorney's Office
301 North Olive Ave.
West Palm Beach, Florida 33401
If sent to the MUNICIPALITY, notices shall be addressed to:
Scott Freseman, District Chief
560 U.S. Hwy 1
North Palm Beach, FL 33408
ARTICLE 15 — 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 of Subrogation against COUNTY.
Page 5 of 8
• 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 16 — 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 17 — EFFECTIVE DATE
The term of this Agreement is June 1, 2024 through April 30, 2025.
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.
ARTICLE 20 — DISCLOSURE OF FOREIGN GIFTS AND CONTRACTS WITH
FOREIGN COUNTRIES OF CONCERN.
Pursuant to Section 286.101, Florida Statutes, as may be amended, by entering into this Agreement
or performing any work in furtherance thereof, the MUNICIPALITY certifies that it has disclosed
any current or prior interest of, any contract with, or any grant or gift received from a foreign
country of concern where such interest, contract, or grant or gift has a value of $50,000 or more and
such interest existed at any time or such contract or grant or gift was received or in force at any
time during the previous five (5) years.
Page 6 of 8
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 7 of 8
IN WITNESS WHEREOF, the parties through their duly authorized representatives do hereby
approve and execute this Agreement on the date first written above.
PALM BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMIS LONERS
By: G
Verdenia C. Baker, County Administrator
R2025 633?
MAR 1 1 Z025
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By: ((�,
County Attorney
APPROVED AS TO TERMS
AND CONDITIONS
County Department Director
VILLAGE OF NORTH PALM BEACH
By:
Susan Bickel, Mayor
LSC..k-SG(1 B KZI
Typed Name
(Y1r� uke -r -
Typed -'Title
ATTEST:
•yam _
Municipal Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY-'
By: f (-7' �t
Municipality Attorney
APPROVED AS TO TERMS
AND CONDITIONS ;
By: >/ 4
Municipality Representve
STATE OF FLORIDA, COUNTY OF PajL,
I, JOSEPH ABRUZZO, Clerk of the
Comptroller certify this to be a true
of the original filed in my offic
on
dal
By:
Page 8 of 8
each,
e ty C ark
IN WITNESS WHEREOF, the parties through their duly authorized representatives do hereby
approve and execute this Agreement on the date first written above.
PALM BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
By:
Verdenia C. Baker, County Administrator
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
County Attorney
APPROVED AS TO TERMS
AND CONDITIONS
By.
County Department Director
Page 8 of 8
VILLAGE OF NORTH PALM BEACH
By:
S san Bickel, Mayor
c
Typed Name
1 , 1 COA GY"
Typed Title
ATTEST:
By::
Municipal Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENC
By:
Municipality Attorney
APPROVED AS TO TERMS
AND CONDITIONS
By: g
!A44.,-(e Adi
Municipality Representa