R2018-11 EMS Grant and Equipment PurchaseRESOLUTION 2018-11
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING AN INTERLOCAL
AGREEMENT WITH PALM BEACH COUNTY FOR THE REIMBURSEMENT
OF EMERGENCY MEDICAL SERVICES GRANT EQUIPMENT AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE SAME;
APPROVING THE SOLE SOURCE PURCHASE AND INSTALLATION OF
FOUR COMPX SECURITY LOCK SYSTEMS AND ASSOCIATED SOFTWARE
AND ACCESSORIES; 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 $15,200.00; and
WHEREAS, receipt of the grant funds requires execution of an Interlocal Agreement with
Palm Beach County; and
WHEREAS, Village Administration seeks to utilize the funds for the sole source purchase and
installation of four (4) CompX security lock systems and associated software and accessories; 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 Reimbursement of Emergency Medical Services Grant Equipment and authorizes the
Village Manager to execute the Agreement on behalf of the Village.
Section 3. The Village Council approves the sole source purchase and installation of four (4)
CompX security lock systems and associated software and accessories from ETR, L.L.C. at a cost
of $9,991.71, with funds expended from Account No. 55812-49001 ("EMS Grant Expense").
Section 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 8TH DAY OF FEBRUARY, 2018.
(','illage Seal)
MAYOR
ATTEST:
Z � e, ,;X�
VILLAGE CLERK
INTERLOCAL AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE VILLAGE OF NORTH PALM BEACH FOR THE
REIMBURSEMENT OF EMERGENCY MEDICAL SERVICES GRANT EQUIPMENT
THIS INTERLOCAL AGREEMENT ("the Agreement') is made as of the 12day of�pn, I
2018, by and between the Board of County Commissioners, Palm Beach County, a political b -
division 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 "VILLAGE"), each
one constituting a public entity as defined in Part 1 of Chapter 163, Florida Statues.
WHEREAS, Section 163.0 1, 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 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 VILLAGE from its FY2017-2018 EMS
State grant funds for the purchase of Electronic narcotic locks and boxes ("EQUIPMENT" or
"EMS equipment") and the VILLAGE 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
VILLAGE agree as follows:
ARTICLE I — RECITALS
The above recitals are true, correct and incorporated herein
Page 1 of 6
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 VILLAGE'S representative/contact monitor during the term of the Agreement shall be
Andrew Lezza whose telephone number is (561) 848-2525.
ARTICLE 3 - PAYMENT TO VILLAGE
The total amount to be paid by the COUNTY from its FY2017-2018 EMS grant funds for the
purchased EMS Equipment as reimbursement to the VILLAGE under this Agreement shall
not exceed a total amount of fifteen thousand two hundred dollars ($15,200.00).
The VILLAGE 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 FY2017-2018 EMS State Grant. Approved documentation will be
processed by the County Finance Department for payment to the VILLAGE.
ARTICLE 4 - GRANT PROGRAM REQUIREMENTS
VILLAGE 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, 2018 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
VILLAGE.
C. Immediately return the purchased EQUIPMENT to the COUNTY, should the
VILLAGE 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, if applicable 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 VILLAGE purchasing the EQUIPMENT to provide
the training. VILLAGE'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.
Page 2 of 6
ARTICLE 5 — LIABILITYANDEMNIFICATION
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 VILLAGE agrees to indemnify, defend and hold harmless the
COUNTY against any actions, claims or damages arising out of the VILLAGE'S use, care and
maintenance of the EQUIPMENT.
ARTICLE 6 — FII IN(C
A copy of this 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 FY2017-2018 EMS State grant Rinds. On-going costs for EMS,
maintenance and replacement of the EQUIPMENT is the responsibility of the VILLAGE and will
not be funded under this grant program. Such costs remain the responsibility of the VILLAGE.
The COUNTY shall have no further obligation to the VILLAGE, or any other person or entity.
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 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 Contact, including
but not limited to any citizen or employees of the COUNTY and/or the VILLAGE.
ARTICLE 9 — ARREARS
The VILLAGE 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 VILLAGE
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 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 VILLAGE'S
place of business.
Page 3 of 6
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 VILLAGE, 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 VILLAGE 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.
VILLAGE 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 VILLAGE
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 R-2014-1421, as
amended.
ARTICLE 12- AUTHORITY TO PRACTICE
The VILLAGE 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
Page 4 of 6
With copy to:
Palm Beach County Attorney's Office
301 North Olive Ave. — 6`h Floor
WPB, Florida 33405
If sent to the VILLAGE, notices shall be addressed to:
Andrew Lezza
560 US Highway 1
North Palm Beach, FL 33408
ARTICLE 15 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the VILLAGE 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 16 - EXPIRATION OF AGREEMENT
This 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 VILLAGE may dispose of said EQUIPMENT as surplus property
with no further municipal purpose.
ARTICLE 17 - EFFECTIVE DATE
This Agreement shall become effective when signed by both the COUNTY and the
VILLAGE.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 5 of 6
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 VILLAGE has
hereunto set its hand the day and year above written.
PALM BEACH COUNTY VILLAGE OF NORTH PALM BEACH
BOARD OF COUNTY COMMISSSIONERSS
By: � /� — SS . '4z' By:
m
Verdea C. Baker VILLAGE Re •esentative
County Administrator
APPROVED AS TO FORM
APPROVED AS TO TERMS
AND CONDITIONS
Division Director
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By_ -_-:: C
VILLAGE Attorney
APPROVED AS TO TERMS
AND CON�DITIO�NS
BY ��"`—'
VILLA epresentative
Page 6 of 6