R2022-31 Interlocal Agreement with PBC for use of grant funds for EMS Equipment purchaseRESOLUTION 2022-31
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
VILLAGE MANAGER TO EXECUTE THE AGREEMENT; APPROVING
PURCHASE OF FIFTY (50) STOP THE BLEED KITS FROM HENRY SCHEIN
MEDICAL; 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 $3,702.50, 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 purchase of fifty (50) Stop
the Bleed Kits from Henry Schein Medical; 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 Village Manager to execute the
Agreement on behalf of the Village.
Section 3. The Village Council approves the purchase of fifty (50) Stop the Bleed Kits from
Henry Schein Medical at a total cost of $3,702.50, with funds expended from Account No. 55812-
49001 (Fire Rescue — EMS Grant Expense).
Section 4. This Resolution shall take effect immediately upon its adoption.
PASS PTED THIS 28TH DAY OF APRIL, 2022.
e'�tIDA
MAYOR
AT
VILLAGE
AGREEMENT
with
VILLAGE OF NORTH PALM BEACH FOR EMS GRANT FUNDS
THIS AGREEMENT ("the Agreement") is made as of the � day ofvet , 2022, 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 Village of North Palm Beach, a
municipal corporation of the State of Florida (herein referred to as "MUNICIPALITY").
WITNESSETH
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 MUNICIPALITY has requested the COUNTY disburse a portion of the
FY2021-2022 EMS Grant funds to reimburse the MUNICIPALITY for its purchase of Fifty (50) Stop
the Bleed Kits (together "EMS Equipment"); and
WHEREAS, the MUNICIPALITY 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
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
Lynette Schurter, whose telephone number is 561-712-6696.
The MUNICIPALITY representative/contact monitor during the term of the Agreement shall be Scott
Freseman whose telephone number is 561-904-2132.
ARTICLE 3 — REIMBURSMENT OF MUNICIPALITY
The COUNTY agrees to reimburse the MUNICIPALITY for MUNICIPALITY purchased EMS
Equipment from the COUNTY'S FY2021-2022 EMS Grant funds in an amount not to exceed Three
thousand seven hundred two dollars and fifty cents ($3,702.50) The MUNICIPALITY shall
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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 FY2021-2022 EMS Grant. Approved documentation will be processed by the
County Finance Department for payment to the MUNICIPALITY.
ARTICLE 4 -.GRANT PROGRAM REQUIREMENTS
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 January 31, 2023 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.
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, 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 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.
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. 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 FY2021-2022 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
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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.
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.
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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 — 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 MUNICIPALITY, notices shall be addressed to:
Scott Freseman, District Chief
560 US Highway 1
North Palm Beach, FL 33408
ARTICLE 14 - 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.
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• 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 15 - 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 16 - 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 MUNICIPALITY may dispose of said EMS
Equipment as surplus property with no further municipal purpose.
ARTICLE 17 - EFFECTIVE DATE
This Agreement shall become effective upon execution by both the COUNTY and the
MUNICIPALITY.
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.
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 MUNICIPALITY has
hereunto set its hand the day and year above written.
PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS
BY ITS COUNTY ADMINISTRATOR
By:
Verdenia C. Baker
County Administrator
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By: _?1-/1k-1 �
Asst. ou'n Attorney
APPROVED AS TO TERMS
AND CONDITIONS
BY: ( n
Department Director
VILLAGE OF NORTH PALM BEACH
By:'Lie
-
Municipalit esentative
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:.
Municipality Attorney
APPROVED AS TO TERMS
AND CONDITIONS
By: �-� X*�
Municipality Representative
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