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HomeMy WebLinkAboutDocumentation_Regular_Tab 10_02/14/2019 . �� �� .�- �%� \ � , ,� E Memorandum To: Honorable Mayor and Village Council Thru: James M. Weinand, Acting Village Manager From: James Trube, Fire Chief ��^^�"�- �� �f�'" Date: January 18, 2019 � Subject: Acceptance of Interlocal Agreement For Purchase of EMS Equipment The attached agenda item addresses the need for the acceptance of the Interlocal Agreement for the Use of EMS Grant Funds for Emergency Medical Services Equipment in order to purchase an additional Lucas Device. The Lucas Device is an automated chest compression system and critical component for administering CPR and saving lives. We currently have one device on Rescue 85, and one on our backup Rescue 285. Getting a third device will enable one being placed on Engine 85, for Advanced Life Support. The total cost of this item is approximately $17,192.00 which will be covered entirely and reimbursed by the Grant Funds. On behalf of the Village Manager and staff, this agenda item is submitted for your review and consideration. Your approval will authorize the Village Manager to execute any agreements and authorize the purchase of this item. RESOLUTTON NO. 04-19 A RESOLUTION OF TAE VII.LAGE COUNCII, OF T'HE VII.LAGE OF TEQUESTA, FLORIDA, INCREASING THE GENERAI� FUND #001 2018/2019 BUDGET BY INCREASING REVENUES AND EXPENDITiJRES IN THE AMOUNT OF $17,192.00 TO RECOGIVIZE ACCEPTANCE OF THE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VII.LAGE OF TEQUESTA FOR THE REIlVIBURSEMENT OF EMERGENCY MEDICAL SERVICES GRANT EQUIPMENT IN AN AMOUNT NOT TO EXCEED $17,192.00 PROVIDING FOR SEVERABILTTY; PROVIDING AN EFFECTIVE DATE;AND FOR OTHER PURPOSES. WHEREAS, The Florida. Department of Health, Bureau of EMS, has allocated certai.n funds to the Board of County Commissioners, Palm Beach County,to dishribute to eligible EMS providers in Palm Beach County; and, WHEREAS, the Village has entered into an Interlocal Agreement with Palm Beach County for the reimbursement of EMS grant equipment in an amount not to exceed $17,192.00; � WHEREAS, This reimbursement grant will enable Tequesta Fire-Rescue to purchase an additional, much needed, Lucas Device which is an automated Chest Compression System for administert.ng CPR and saving lives; and, WHEREAS, by way of this Interlocal Agreement the Village will be reimbursed up to $17,192.00 for this emergency medical services equipment, NOW,THEREFORE,BE IT RESOLVED BY THE VII..LAGE COUNCII.OF THE VII,LAGE OF TEQUESTA,PALM BEACH COUNTY,FLORIDA,AS FOLLOWS: Section 1 . Resolution No. 04-19 is hereby approved increasing the General Fund #001 2018/2019 Budget by increasing revenues a.nd expenditiu�es in the amount of$17,192.00 to recognize the Interlocal Agreement between Palm Beach County and the Village of Tequesta for the reimbursement of emergency medical services grant equipment in an amount not to exceed $17,192.00; Section 2 This Resolution shall become effective immediately upon passage; INTERLOCAL AGREEMENT FOR THE USE OF EMS GRANT FUNDS FOR EMERGENCY MEDICAL SERVICES EOUIPMENT TffiS INTERLOCAL AGREEMENT("the Agreement")is made as of the day of , 2019, 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 Tequesta, a municipal corporation of the State of Florida (herein referred to as "VII,LAGE"), each one constituting a public entity as defined in Part 1 of Chapter 163,Florida Statues. WITNESSETH WHEREAS,Section 163A1,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, pernuts public agencies as defined therein to enter into agreements with each other to jointly exercise any power,privilege, or authority which such agencies shaze in common and which each might exercise separately;and WHEREAS, The Departmeat 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 Boazds 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 aze only awazded to Boazds 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 COLJNTY may reimburse and disburse the State trust funds to licensed emergency medical providers; and WHEREAS,the COUNTY agrees to reimburse the VII.,LAGE from its FY2018-2019 EMS State grant funds for the purchase of one(1) Lucas Chest Compression System ("EQUIPMENT" "EMS EQUIPMENT,or"EMS TRAINING")and the VII.,LAGE agrees to accept said reimbursement under the terms and conditions of the EMS State grant and this Agreement. Now,therefore, in considera.tion of the mutual promises contained herein, COLJNTY and VILLAGE agree as follows: ARTICLE 1—RECITALS The above recitals are true,correct and incorporated herein. Page 1 of 8 ARTICLE 2-�PRESENTATIVE/MONTTORING 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 VII,LAGE representative/contact monitor during the term of the Agreement shall be Ray Giblin whose telephone number is 561-768-0693. ARTICLE 3—REIMBURSMENT OF VII�LAGE The COUNTY shall reimburse the VII.,LAGE for VILLAGE purchased EMS EQUIPMENT from the COUNTY's FY2018-2019 State EMS grant funds in an amount not to exceed Seventeen thousand one 6undred ninety two dollars ($17,192.00). The VII.,LAGE shall purchase the EMS EQUIPMENT and submit the required purchase documentation for reimbursement (referenced in Article - 4) to the COiJNTY Representa.tive at least ninety (90) da.ys before the expiration of the FY2018-2019 EMS State Grant Approved documentation will be processed by the County Finance Deparhnent for payment to the V�LAGE. ARTICLE 4-GRANT PROGRAM REOUIREMENTS VII.LAGE SHALL• A. Comply with general requirements,and conditions of the State EMS County Grant Program. B. Submit to the COUNTY Representative on or before January 31, 2020 copies of paid receipts, invoices, or other documentation acceptable to the Pa1m Beach County Finance Department to establish that EMS EQLTIPMENT was purchased by the VII.,LAGE C. Immediately zeturn the purchased EMS EQUIPMENT to the COUNTY should the VII.LAGE cease to operate its pre-hospital emergency medical services during the life of the EMS EQLTIPMENT. D. Submit a training report to the COITNTY'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 EQLTIPMENT. It is the responsibility of the VII.,LAGE purchasing the EMS EQUIPMENT to provide the training. The VII.,LAGE'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 rehun of the EMS EQLTIPMENT. Page 2 of 8 ARTICLE 5—LIABILTTY 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 Section 768.28,Florida StatuEes,the VII.,LAGE agrees to indemnify,defend and hold harmless the COiTNTY against any actions,claims demands, costs or damages arising out of the VILLAGE 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—FILING A copy of this Agreement will be filed with the Clerk of the Circuit Court in and for Pa.lm Beach County. ARTTCLE 7-AVAILABILITY OF FUNDS The COUNTY'S performance and obligation to reimburse the VII.LAGE under this Agreement is contingent upon availability of FY2018-2019 EMS State grant funds. Ongoing costs for EMS EQUIPMENT including, but not limited to, operation, use, maintenance and replacement, is the responsibility of the VII.LAGE and will not be funded under this Agreement or the State EMS grant program. ARTICLE 8—REMEDIES This Agreement shall be govemed by the laws of the Sta.te 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 paztial 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 Contract, including but not limited to any citizen or employees of the COUNTY and/or the VII,LAGE. ARTICLE 9—ARREARS The VII,LAGE shall not pledge the COLTNfY'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation,judgment, lien, or any form of indebtedness. The VII,LAGE further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreemen� ARTICLE 10-ACCESS AND AUDITS The VII,LAGE shall maintain ad.equate 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 COiJNTY 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 VII.,LAGE'S place of business.Palm Beach County has established the Office of the Inspector General in Palm Beach County Page 3 of 8 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 coniracts,transactions,accounts and records,to require the production of records,and to audit,investiga.te,monitor,and inspect the activities of the VII,LAGE, its officers, agents, employees, and Iobbyists in order to ensure compliance with contract requirements and detect comiption and fraud Failure to cooperate with the Inspector General or interfering with or impeding any investigation sha11 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—NONDISCRIlVIINATION The COUNTY is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination.Pursuant to Palm Bea.ch County Resolution R2017-1770,as may be amended, the VII.,LAGE warrants and represents that throughout the term of the Contract, 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 Contract ARTICLE 12-AIITHORITY TO PRACTICE The VII.LAGE 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 if is held invalid or unenforceable, shall not be a.ffected, 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 COiJNTY, notices shall be addressed to: Sally Waite,EMS Manager 20 South Military Trail WPB,FL 33401 With copy to: Page 4 of 8 Palm Beach County Attomey's Office 301 North Olive Ave. 6�'Floor West Palm Beach,Florida 33401 ff sent to the VII,LAGE,notices shall be addressed to: Ray Giblin Lietenant 357 Tequesta Dr_ Tequesta,FL 33469 ARTICLE 15-INSURANCE Without waiving the right to sovereign irnmuniiy as provided by section 768.28, Florida Statutes, (Sffitute),the VII.,LAGE represents that it is self-insured with coverage subject to the limitations of the Statute, as may be amended. ff VII,LAGE is not self-insured, VII.,LAGE shall, at its sole expense, purchase and maintain in full force and effect at all times during the life of this contract, insurance coverage at limits not less than those contained in the Statute. Should VII.,LAGE purchase excess liability coverage, VILLAGE agrees to include COiJNTY as an Additional Insured. The VII.,LAGE agrees to maintain or to be self-insured for Workers'Compensation insuracice in accordance with Chapter 440,Rlorida Statutes. Should VILLAGE contract with a third-party(Con�actor)to perform any service related to the AGREEMENT,VII.,LAGE 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 VILLAGE and COUNTY as Additional Insureds. VII.,LAGE 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 minimi.un limits of $1,000,000 each accident When requested, the VII.,LAGE shall provide an affidavit or Certificate of Insurance evidencing insurance or self-insurance. Compliance with the foregoing requirement shall not relieve the VII.,LAGE of its liability and obligations under this Agreement ARTICLE 16-ENTIltETY OF CONTRACTUAL AGREEMENT The COUNTY and the VII..LAGE agree that this Agreement sets forth the entire Agrcement 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 Counfy Page 5 of 8 Grant Program. At such time, the VII.,LAGE 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 para.graph of this Agreement provided the Agreement has been executed by both the COUNTY and the VILLAGE. ARTICLE 19—PUBLIC RECORDS Notwithstanding anything contained herein,as provided under Section 119.0701,F.S.,if the VII.,LAGE: (i)provides a service;and(ii)acts on behalf of the County as provided�der Section 119.011(2)F.S., the VII.,LAGE shall comply with the requirements of Section 119.0701,Floric�a Statutes,as it may be amended from time to time The VII,LAGE is spec�cally required to: A. Keep and maintain public records required by the County to perform services as provided under this Contract. 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 VII.,LAGE 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 contract term and following completion of the Contract, if the VII.,LAGE does not transfer the records to the public agency. D. Upon completion of the Contract the VII.,LAGE sha11 transfer, at no cost to the County,all public records in possession of the VII,LAGE unless notified by County's representa.tive/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 VII.,LAGE transfers all public records to the County upon completion of the Contract, the VII.,LAGE shall destroy any duplicate public records that aze exempt, or confidential and exempt from public records disclosure requirements. If the VILLAGE keeps and maintains public records upon completion of the Contract, the VII.LAGE shall meet all applicable requirements for retaining public records. All records stored electronically by the VII,LAGE must be provided to County, upon request of the County's Custodian of Public Records, in a format that is compatible with the informafion technology systems of County,at no cost to County. Failure of the VILLAGE to comply with the requirements of this article shall be a material breach of this Contract County shall have the right to exercise any and all remedies available to it, including but not limited to,the right to ternunate for cause. VII,LAGE acknowledges that it has familiarized itself with the requirements of Chapter 119,F.S.,and other requirements of state law applicable to Page 6 of 8 public records not speciticall} set forth herein. IF THE VILLAGE HAS QUESTIONS REGARDING THE APPLICATION OF' CHAPTER 119, FLORIDA STATUTES, TO THE VILLAGE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE COIYTACT THE CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT,301 lY. OLIVE AVENUE, WEST PALM BEACH, FL 33-101, BY E-MAIL AT RECORDSREQUEST�ccPBCGOV.ORG OR BY TELEPHONE AT 561-3��- 6680. TNE RE,1�L-11�DER UF THI,S P.-IGE I.S I.��TE.��TIU.�:�LL}'LEFT BL_-I.'�'h Pa�e 7 of 8 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 VII.,LAGE OF TEQUESTA BOARD OF COUNTY COMNIISSIONERS By: By: Verdenia C.Baker VII.LAGE Representative � County Administrator APPROVED AS TO FORM APPROVED AS TO FORM AND.LEGAL SUFFICIENCY AND LEGAL SUFFICIENCY By: By: Asst. County Attorney VILLAGE Attorney APPROVED AS TO TERMS APPROVED AS TO TERMS AND CONDTTIONS AND CONDITIONS By: By: Department Director VII.,LAGE Representa.tive Page 8 of 8