HomeMy WebLinkAboutAgreement_General_03/12/2015 (2) INTERLOCAL AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE VILLAGE OF TEOUESTA FOR THE
REIMBURSEMENT OF EMERGENCY MEDICAL SERVICES GRANT EQUIPMENT
THIS INTERLOCAL AGREEMENT ( "Interlocal Agreement" or "Agreement' or "contract ")
is made as of the �L" day of IlVX , 2015, by and between the Board of County
Commissioners, Palm Beach County, a political subdivision 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 the Village), each one constituting a public entity as defined in Part
I of Chapter 163, Florida Statutes.
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 interlocal 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 11, 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 FY2014 -2015 EMS State
grant funds for the purchase of two (2) tablets and accessories ( "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 1— RECITALS
The above recitals are true, correct and incorporated herein.
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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 representativelcontact monitor during the term of the Agreement shall be
EMS Chief Jim Trube, whose telephone number is (561) 768 -0553.
ARTICLE 3 - PAYMENT TO VILLAGE
The total amount to be paid by the COUNTY from its FY2014 -2015 EMS grant funds for the
purchased EMS Equipment as reimbursement to the VILLAGE under this Agreement shall not
exceed a total amount of two thousand three hundred dollars ($2,300.00).
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 FY2014 -2015 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, 2015 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 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.
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ARTICLE 5 — LIABILITY/INDEMNIFICATION
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, Flori da 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 — FILING
A copy of this Interlocal 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 FY2014 -2015 EMS State grant funds. 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 VILLAGE.
The COUNTY shall have no further obligation to the VILLAGE, or any other person or entity.
ARTICLE 8 — REMEDIES
This Interlocal Agreement shall be governed by the laws of the State of Florida. Any legal
action necessary to enforce the Interlocal 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 Contract, 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 Interlocal 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 Interlocal 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.
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IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County,
Florida has made and executed this Interlocal Agreement on behalf of the COUNTY and
VILLAGE has hereunto set its hand the day and year above written.
PALM BEACH COUNTY VILLAGE OF TEQUESTA
BOARD OF COUNTY COMMISSIONERS
By: � By: �^
Vincen . Bonvento Village Repres t
Director of Public Safety M ChAe-I FO
u -
V i1lAsC �l.Q- r1A.
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGAL SUFFICIENCY AND LE AL FICIENCY
By
B i _
C Onty Attorney Village omey
Imo; fll 05
APPROVED AS TO TERMS APPROVED AS TO TERMS
AND CONDITIONS AND CONDITIO
By
D' ision irector illage Representative
J&M , eS LXIY%.�
Ri ne Ch: e�
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