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Home My WebLink AboutDocumentation_Regular_Tab 18_5/12/2022Agenda Item #18. Regular Council STAFF MEMO Meeting: Regular Council - May 12 2022 Staff Contact: James Trube, Fire Chief Department: Fire dd RESOLUTION 14-22: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 2021/2022 GENERAL FUND BUDGET BY INCREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $8,675.00 TO RECOGNIZE EMS GRANT FUNDS FROM PALM BEACH COUNTY TO REIMBURSE THE VILLAGE FOR ITS PURCHASE OF TWO(2) LIFEPAK 1000 AEDS AND FIFTY (50) BLEED CONTROL KITS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Please find attached Resolution 14-22 which allows for the Village of Tequesta to recognize the PBC EMS Grant Funds in the amount of $8,675.00. This resolution will increase the fiscal year 202112022 general fund budget by increasing revenues and expenditures in the amount of $8,675.00. This is for the propose of purchasing and being reimbursed for Two (2) LifePak 1000 AEDs and Fifty (50) Bleed Control Kits in an amount not to exceed $8,675.00. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. BUDGETED AMOUNT: AVAILABLE AMOUNT: EXPENDITURE AMOUNT: $8,675.00 $8,675.00 $8,675.00 Additional Budgetary Information: Funding Source(s): Budget Amendment PBC EMS Grant Memo - 2021-2022 EMS Grant Funds Resolution 14-22 - 2021-2022 EMS Grant Funds PBC EMS Grant FY2021-22 Page 239 of 254 Agenda Item #18. OF TFQ FLOHIOA rl�f ��/ � qrh �oUNJ4 VILLAGE OF TEQU ESTA TEQUESTA FIRE -RESCUE MEMORANDUM FILE NO. Admin. 22-11 DATE: April 21, 2022 TO: Village Mayor and Council Members FROM: Fire Chief James Trube SUBJECT: Resolution 14-22: Recognition of PBC EMS Grant Funds Please find attached Resolution 14-22 which allows for the Village of Tequesta to recognize the PBC EMS Grant Funds in the amount of $8,675.00. This resolution will increase the fiscal year 2021/2022 general fund budget by increasing revenues and expenditures in the amount of $8,675.00. This is for the purpose of purchasing and being reimbursed for Two (2) LifePak 1000 AEDs and Fifty (50) Bleed Control Kits in an amount not to exceed $8,675.00. Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Council Member Aaron Johnson Village Manager Jeremy Allen Page 240 of 254 Agenda Item #18. RESOLUTION 14-22 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 2021/2022 GENERAL FUND BUDGET BY INCREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $8,675.00 TO RECOGNIZE EMS GRANT FUNDS FROM PALM BEACH COUNTY TO REIMBURSE THE VILLAGE FOR ITS PURCHASE OF TWO (2) LIFEPAK 1000 AEDS AND FIFTY (50) BLEED CONTROL KITS; 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 has entered into an inter -local agreement with Palm Beach County for the reimbursement of Two (2) LifePak 1000 AEDs and Fifty (50) Bleed Control Kits in an amount not to exceed $8,675.00; and, WHEREAS, the following accounts will be increased to fund the grant: Revenues Local Government Grant PBC, 001-192-337.201, $8,675.00 Expenditures Machinery & Equipment, 001-192-664.600, $8,675.00; and, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Resolution 14-22, is hereby approved, amending the Fiscal Year 2021/2022 General Fund Budget by increasing revenues and expenditures in the amount of $8,675.00 to recognize EMS Grant Funds from Palm Beach County to reimburse the Village for its purchase of Two (2) LifePak 1000 AEDs and Fifty (50) Bleed Control Kits; Section 2: This Resolution shall become effective immediately upon passage. Page 241 of 254 Agenda Item #18. AGREEMENT with VILLAGE OF TEQUESTA FOR EMS GRANT FUNDS THIS AGREEMENT ("the Agreement") is made as of the day of , 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 Tequesta, 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 Two (2) LifePak 1000 AEDs and Fifty (50) Bleed control 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 James Trube whose telephone number is 561-768-0550 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 Eight thousand six hundred seventy five dollars ($8,675.00) The MUNICIPALITY shall purchase the Page 1 of 6 Page 242 of 254 Agenda Item #18. 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 Page 2of6 Page 243 of 254 Agenda Item #18. 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. Page 3 of 6 Page 244 of 254 Agenda Item #18. 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 3 3404 1 5 With copy to: Palm Beach County Attorneys Office 301 North Olive Ave. — 6th Floor West Palm Beach, Florida 33401 If sent to the MUNICIPALITY, notices shall be addressed to: James Trube, Fire Chief 357 Tequesta Dr. Tequesta, FL 33469 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. Page 4 of 6 Page 245 of 254 Agenda Item #18. • 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 Page 5 of 6 Page 246 of 254 Agenda Item #18. 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: Asst. County Attorney APPROVED AS TO TERMS AND CONDITIONS 211A Department Director VILLAGE OF TEQUESTA By: Municipality Representative APPROVED W9PQ FORM AND LEC/SIfFFI L 0- APPROVED AS TO TERMS AND CONDITIONS By: . unicipality Representative Page 6 of 6 Page 247 of 254