HomeMy WebLinkAboutDocumentation_Regular_Tab 07_2/13/2020Agenda Item #7.
Regular Council
STAFF MEMO
Meeting: Regular Council - Feb 13 2020
Staff Contact: James Trube, Fire Chief Department: Fire
RESOLUTION 04-20, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, To ACCEPT INTERLOCAL AGREEMENT BETWEEN PALM BEACH
COUNTY AND THE VILLAGE OF TEQUESTA FOR EMS GRANT FUNDS IN AN AMOUNT NOT To
EXCEED FOURTEEN THOUSAND FOUR HUNDRED FORTY-FIVE DOLLARS ($14,445);
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES
Signing of Res. 04-20 and acceptance of Interlocal Agreement for the reimbursement of grant funds
in an amount not to exceed $14,445.00 for the purchase of a Special Events EMS Vehicle.
BUDGETED AMOUNT: N/A AVAILABLE AMOUNT: EXPENDITURE AMOUNT:
Additional Budgetary Information: Funding Source(s):
Approve Resolution and execute Agreement in duplicate please. Upon execution both copies will be
returned to Palm Beach County and one fully executed copy will be returned to us.
Memo, Resolution, Agreement.ada
Page 310 of 557
Agenda Item #7.
Memorandum
To: Honorable Mayor and Village Council
Thru: Jeremy Allen, Village Manager
From: James B. Trube, Fire Chief
Date: January 13, 2020
Subject: Acceptance of Interlocal Agreement for EMS Grant Funds
The Village of Tequesta Fire -Rescue Dept. has an opportunity to accept a Palm Beach
County Reimbursement Grant not to exceed Fourteen Thousand Four Hundred Forty -
Five Dollars ($14,445.00) for the purchase of a Special Event EMS Vehicle which will
enable paramedics to safely and quickly gain access to any patient needing emergency
medical care in a crowded, special event environment.
Included herein is Resolution 04-20 to accept the Grant in an amount not to exceed
$14,445.00.
It is respectfully requested this Emergency Medical Services Reimbursement Grant be
accepted and the Interlocal Agreement be entered into with Palm Beach County.
Page 311 of 557
Agenda Item #7.
RESOLUTION 04-20
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, TO ACCEPT INTERLOCAL AGREEMENT
BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA
FOR EMS GRANT FUNDS IN AN AMOUNT NOT TO EXCEED
FOURTEEN THOUSAND FOUR HUNDRED FORTY-FIVE DOLLARS
($14,445); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Florida Department of Health, Bureau of EMS, has allocated
certain funds to the Board of County Commissioners, Palm Beach County, to distribute
to eligible EMS Providers in Palm Beach County; and
WHEREAS, the Village desires to enter into an Interlocal Agreement with Palm
Beach County for the reimbursement of EMS grant equipment in an amount not to exceed
$14,445.00; and
WHEREAS, this reimbursement Grant will enable Tequesta Fire -Rescue to
purchase a Special Event EMS Vehicle which will enable paramedics to safely and quickly
gain access to any patient needing emergency medical care in a crowded, special event
environment; and
WHEREAS, by way of this Interlocal Agreement the Village will be reimbursed up
to $14,445.00 for this emergency medical services equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Resolution 04-20 is hereby approved 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 $14,445.00;
Section 2: This Resolution shall become effective immediately upon passage;
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Agenda Item #7.
INTERLOCAL AGREEMENT
with
VILLAGE OF TEQUESTA FOR EMS GRANT FUNDS
THIS INTERLOCAL AGREEMENT ("the Agreement") is made as of the day of ,
2020, 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 "VILLAGE"), 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 VILLAGE has requested the COUNTY disburse a portion of the FY2019-
2020 EMS Grant funds to reimburse the VILLAGE for its purchase of one (1) First Responder Mini
Ambulance (together "EMS Equipment"); and
WHEREAS, the VILLAGE 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
VILLAGE agree as follows:
ARTICLE 1— RECITALS
The above recitals are true, correct and incorporated herein.
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Agenda Item #7.
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 representative/contact monitor during the term of the Agreement shall be James Trube
whose telephone number is 561-768-0550.
ARTICLE 3 — REIMBURSMENT OF VILLAGE
The COUNTY agrees to reimburse the VILLAGE for VILLAGE purchased EMS Equipment from
the COUNTY' S FY2019-2020 EMS Grant funds in an amount not to exceed Fourteen thousand
four hundred forty five dollars ($14,445.00). The VILLAGE 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 FY2019-2020 EMS
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 of COUNTY and the conditions of the EMS Grant.
B. Submit to the COUNTY Representative on or before December 31, 2020 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 VILLAGE.
C. Immediately return the purchased EMS Equipment to the COUNTY should the VILLAGE 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 VILLAGE purchasing the EMS Equipment to provide the training. The VILLAGE'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
VILLAGE agrees to indemnify, defend and hold harmless the COUNTY against any actions, claims
demands, costs or damages arising out of the VILLAGE'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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Agenda Item #7.
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 VILLAGE under this Agreement is
contingent upon availability of FY2019-2020 EMS Grant funds. Ongoing costs for EMS Equipment
including, but not limited to, operation, use, maintenance and replacement, is the responsibility of the
VILLAGE 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 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 VILLAGE 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 VILLAGE'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 VILLAGE, 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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Agenda Item #7.
ARTICLE 11— NONDISCRIIVHNATION
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 VILLAGE 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 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.
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
With copy to:
Palm Beach County Attorney's Office
301 North Olive Ave. — 6th Floor
West Palm Beach, Florida 33401
If sent to the VILLAGE, notices shall be addressed to:
James Trube
Fire Chief
357 Tequesta Dr_
Tequesta, FL 33469
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Agenda Item #7.
ARTICLE 15 - INSURANCE
Without waiving the right to sovereign immunity as provided by section 768.28, Florida Statutes, (the
"Statute"), the VILLAGE represents that it is self -insured with coverage subject to the limitations of the
Statute, as may be amended. If VILLAGE is not self -insured, VILLAGE 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 VILLAGE purchase excess liability coverage, VILLAGE agrees to include COUNTY as an
Additional Insured. The VILLAGE agrees to maintain or to be self -insured for Workers' Compensation
insurance in accordance with Chapter 440, Florida Statutes. Should VILLAGE contract with a third -
parry (Contractor) to perform any service related to the Agreement, VILLAGE 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. VILLAGE
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 VILLAGE shall provide an affidavit or Certificate of Insurance evidencing
insurance or self-insurance. Compliance with the foregoing requirement shall not relieve the VILLAGE
of its liability and obligations under this Agreement.
ARTICLE 16 - 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 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 VILLAGE 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 VILLAGE.
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Agenda Item #7.
ARTICLE 19 — PUBLIC RECORDS
Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the
VILLAGE: (i) provides a service; and (ii) acts on behalf of the County as provided under Section
119.011(2) F.S., the VILLAGE shall comply with the requirements of Section 119.0701, Florida
Statutes, as it may be amended from time to time The VILLAGE is specifically required to:
A. Keep and maintain public records required by the County to perform services as
provided under this Agreement.
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 VILLAGE 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 Agreement term and following completion of the Agreement, if the
VILLAGE does not transfer the records to the public agency.
D. Upon completion of the Agreement the VILLAGE shall transfer, at no cost to the
County, all public records in possession ofthe VILLAGE unless notified by County's
representative/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
VILLAGE transfers all public records to the County upon completion of the
Agreement, the VILLAGE shall destroy any duplicate public records that are exempt,
or confidential and exempt from public records disclosure requirements. If the
VILLAGE keeps and maintains public records upon completion of the Agreement,
the VILLAGE shall meet all applicable requirements for retaining public records. All
records stored electronically by the VILLAGE must be provided to County, upon
request of the County's Custodian of Public Records, in a format that is compatible
with the information 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 Agreement. County shall have the right to exercise any and all remedies available to it, including
but not limited to, the right to terminate for cause. VILLAGE acknowledges that it has familiarized
itself with the requirements of Chapter 119, F.S., and other requirements of state law applicable to
public records not specifically set forth herein.
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Agenda Item #7.
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 AGREEMENT, PLEASE CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC
AFFAIRS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY
E-MAIL AT RECORDSREQUESTna PBCGOV.ORG OR BY TELEPHONE AT 561-355-
6680.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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Agenda Item #7.
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
BOARD OF COUNTY COMMISSIONERS
BY ITS COUNTY ADMINISTRATOR
Verdenia C. Baker
County Administrator
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Asst. County Attorney
APPROVED AS TO TERMS
AND CONDITIONS
Department Director
VILLAGE OF TEQUESTA
Village Representative
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
Village Attorney
APPROVED AS TO TERMS
AND CONDITIONS
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Village Representative
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Agenda Item #7.
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep
and maintain this Agreement and any other records associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
Village's custodian of public records, CONTRACTOR must provide the Village with copies of
requested records, or allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Village. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, - AT (561) 768-0440, OR AT
Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other
transactions, and make reports and recommendations to municipal governing bodies based on
such audits, reviews, or investigations. All parties doing business with the Village shall fully
cooperate with the inspector general in the exercise of the inspector general's functions,
authority, and power. The inspector general has the power to take sworn statements, require
the production of records, and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and
eradicate fraud, waste, mismanagement, misconduct, and abuses.
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Agenda Item #7.
"The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy
to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA")
by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible
to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written
statement indicating that all [ agreement /bid documents and specifications], from Contractor,
including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by
the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at
www.w3.org/TR/WCAG/."
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