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HomeMy WebLinkAboutAgreement_General_05/16/2017 TEQUE,STA MAY 19 2017 INTERLO AI.AGREE ENT BETWEEN FIRE 1zESCUE PALM BEACH COIJNTY AND THE VILLAGE OF TEOIJESTA FOR THE REIMBURSEMENT OF EMERGENCY MEDICAL SERVI ES GRANT EQUIPMENT THIS INTERLOCAL AGREEMENT ("Interlocal Agreement" or"Agreement' or"contract") is made as of the le day of , 2017, by and between the Board of County Commissioners, Palm Beach County, d 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 II, 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 FY2016-2017 EMS State grant funds for the purchase of one (1) patient transport stretcher ("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. Page 1 of 6 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 representative/contact monitor during the term of the Agreement shall be 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 FY2016-2017 EMS grant funds for the purchased EMS Equipment as reimbursement to the VILLAGE under this Agreement shall not exceed a total amount of seventeen thousand and five hundred dollars(S 17,500.00). 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 FY2016-2017 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, 2017 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, if applicable 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. Page 2 of 6 ARTICLE 5—ILIIABIL.ITY/INDEMNIFIC'ATION 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, Florida 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 FY2016-2017 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 the 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 terns of this Interlocal Agreement. ARTICLE 10-ACCESS ND 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. Page 3 of 6 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 contract 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 I1—NONDISCRIMINATION The VILLAGE warrants and represents that 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 and expression or genetic information. VILLAGE has submitted to COUNTY a copy of its non-discrimination policy which is consistent with the above, as contained in Resolution R-2014-1421, as amended, or in the alternative, if VILLAGE does not have a written non-discrimination policy, it has acknowledged through a signed statement provided for COUNTY affirming their non-discrimination policy conforms to R-2014- 1421,as amended. 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. ARTICLE 13—SEVERABIL.ITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Interlocal 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 Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 14—NOTICE All notices required in this Interlocal 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 Page 4 of 6 With copy to: Palm Beach County Attorney's Office 301 North Olive Ave.—61h Floor WPB, Florida 33405 If sent to the VILLAGE,notices shall be addressed to: Jim Trube 357 Tequesta Drive Tequesta, FL 33469 ARTICLE 15-ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the VILLAGE agree that this Interlocal Agreement sets forth the entire Interlocal 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 Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 16-EXPIRATION OF INTERLOCAL AGREEMENT This Interlocal Agreement shall automatically expire in five (5) years or upon the expiration of the life of the EQUIPMENT, whichever comes first, in accordance with the State EMS County Grant Program. At such time, the VILLAGE may dispose of said EQUIPMENT as surplus property with no further municipal purpose. ARTICLE 17-EFFECTIVE DATE This Interlocal Agreement shall become effective when signed by both the COUNTY and the VILLAGE. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 5 of 6 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: ' Verdenia C. Baker VI L GE keg ntative County Administrator APPROVED AS TO FORM AB FQ FORM AND LEGAL SUFFICIENCY ICIENCY r By ��._;County Attorn Attorney APPROVED AS TO TERMS APPROVED AS TO TERMS AND CONDITIONS AN CONDITIONS B 0421-1 By. D' ision ' ector A Representative Page 6 of 6