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HomeMy WebLinkAboutDocumentation_Regular_Tab 06_02/08/2018 � • � ' • emo To: Michael Couzzo, Village Manager From: Joel Medina, Fire Chief �/_; �r�/�rya�• cc: Village Council oate: December 28, 2017 ' Re: Florida Department of Health EMS Reimbursement Grant The �Ilage of Tequesta Fire-Rescue Dept. has an opportunity to accept a Palm Beach County Reimbursement Grant not to exceed $22,000.00 for the purchase of one (1) Power Loader. This Power Loader will be used in conjunction with a Power Stretcher and will assist the paramedics in the transportation of heavy weight patients into the Rescue. It will aid in decreasing back injuries and worker's compensation cases. Included herein is Resolution 04-18 to accept the Grant in an amount not to exceed $22,000. lt is respectfully requested this Emergency Medical Services Reimbursement Grant be accepted. RESOLUTION NO. 04-18 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, TO RECOGNIZE ACCEPTANCE OF 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 $22,000.00 PROVIDING FOR SEVERABILITY; 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 $22,000.00; and, WHEREAS, This reimbursement grant will enable Tequesta Fire-Rescue to purchase a power loader which will be of great assistance to the Paramedics for the loading and transportation of heavy weight patients; and, WHEREAS, by way of this Interlocal Agreement the Village will be reimbursed up to $22,000.00 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 No. 04-18 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 $22,000.00; Section 2 This Resolution shall become effective immediately upon passage; iNTF i.0 i.A .R • . NT B • . .N PALM BEACH COUNTY AND TAE ViLLAGE OF TEOUESTA FOR TAE REIMBURSEMENT OF EMERGENCY MEDICAL SERVICE.S GRANT EOUTPMENT T'HIS INTERLOCAL AGREEMENT("the Agreement")is made as of the day of , 2018,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 khe Village of Tequesta Gardens,a municipal corporation of the State of Flrn�ida(herein referred to as"VIIrLAGE"),each one constituting a public entity as defined'm Part 1 of Chapter 163,Florida.Statues. WITNESSETH VVHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969"authorizes local govemments 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 hatmonize 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 e�ch other to jointly exercise any power,privilege,or authority which such agenaies share in common and which ea�ch 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 fimds aze 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 � � ��AS, DOHEMS County grants are only awarded to Boards of County Commissioners (BCC�, however, each BCC is encouraged to assess its countywide EM5 needs and establish priorities before submitting a grant application;and W13EREA5, the COUNTY 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 FY2017-2018 EMS State grant fimds for the purchase of one (1) Power Load Cot Fastening System ("EQUIPMENT"or"EMS equipment'� and the VII.LAGE agrees ta accept said reimbursement under the terms and conditions of the F,MS State grant and this Agreement. Now, therefore, m consideration of the mutual promises contained herein, COUNTY and VILLAGE agree as follows: ARTICLE 1—RF�i.� The above recitals are irue,correct and incorporated herein. Page 1 of 6 ARTICLE 2-RFPRF.SF.NTA _/MONiTO iN �POSiTiON The COUNTY'S representative/Agceement monitor during the term of this Agreement shall be Sally Waite,whose telephone number is(561}712-6484. TI�e VII.LAGE'S representative%ontact monitor during the term of the Agreement shall be Tim Trube whose telephone number is(561)768-0553. ARTICLE 3-PAYMENT TO VILLAGE The total amount to be paid by the COUNTY from its FY2017-2018 EMS grant funds for the purchased EMS Equipment as reimbursement to the VII,LAGE under this Agreement shall not exceed a tota.l amount of twenty two thousand dollars($22,000.00). The VILLAGE shall purchase the EQUIPMENT and submit the required documentation for reunbursement (referenced in Article - 4) to the COLTNTY Representative at least ninety (90) days before the expiration of the FY2017-2418 EMS State Grant. Approved documentation will be processed by the County Finance Department for payment to the VII..LAGE. ARTICLE 4- = ANT PROCRAM F.OIIIR .MF. VII.LAGE SAALL: 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, 2018 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 incuacd by the VII,LAGE. C. Immediately retum the purchased EQUIPMENT to the COLINTY, should the VII.LAGE cease to operate its pre-hospital emergency medical senrices during the life of the equipmen� 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 peYsons trained for the EQUIPMENT, if applicable witlun 90 days of the effective date of this Agreemeut This report shall include all of the necessary training pmvided for the EQiJIPMENT and will be the responsibility of the VII.,LAGE purchasing the EQUg'MENT to provide the training.VILLAGE'S failure to satisfactorily complete the tiaining in the timeframe provided shall constitute a breach of contract. As such, COLTNTY may terminate this Agreemeirt and demand return of the EQiJ1PMENT. Page 2 of b ARTICLE 5— Each party to ttus Agreement shall be liabie for its own actions and negligence. To the extent permitted by law, and without waiving sovereign unmunity beyond the limits set forth at Sec. 768.28, Florida Statutes, the VILLAGE agrees to indemnify, defend and hold haimless the COUNTY against any actions, claims or damages arising out of the VILLAGE'S use, caze and maintenance of the EQUIl'MENT. ARTICLE 6—Fn�ING A copy of this Agreement will be filed with the Clerk of Circnit Court in and for Palm Beach County. A.RTICLE 7-AVAILABILITY OF FIJl�TDS The COIJNTY'S performance and obligation to pay under this Agreement is contingent upon annual appropriations from the FY2017 2018 EMS State grant funds. On going costs for EMS, maintenance and replacement of the EQiTIPMENT is the responsi�bility of the VILLAGE and will not be funded under this grant program. Such costs remain the responsibility of the VII.LAGE. The COUNTY shall have no fiuther obligation to the VII.LAGE,or any other person or entity. 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 cumulati.ve 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 pactial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercisc 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 Cotttract,including but not limited to any citizen or employees of the COLJNTY and/or the VII,LAGE. ARTICLE 9—A$$F,AB� , The VII.,LAGE shall not pledge the COLJNTY'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 fuither 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 AUDTI'S The COtJNTY shall have access to snch 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. Page 3 of 6 Palm .Beach County has established the �ffice of the Inspector General in Palm Beach County Code, Sectian 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, h�ansactions, accounts and records, to require the production of records, and to audit,investigate, monitor,and inspect the activities of the VII�LAGE,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 inves6gation shall be in violation of Palm Beach County Code, Section 2-421 -2-440, and pumshed pursuant to Section 125.69,Florida Statutes,in the same manner as a second-degree misdemeanor. .ARTICLE 11—NONDISCR1Mi1VATTON The VILLAGE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disabi7ity, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information. VILLAGE has submitted to COtTNTY a copy of its non-discrimination pol�cy wlrich is consistent with the above, as contained in Resolution R 20141421, as amended, or m the alternative, if VILLAGE does not ha.ve a written nan-discrimination policy, it has acknowledged through a signed statement provided for COiJNTY affirming their non-discrimination policy conforms to R-2014 1421,as amended. ARTICLE 12-ADTAORITY 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 equipmenk Proof of such licenses and approvals sha11 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 nnenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to wluch 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—lYOTiCE All notices required in this Agreement sha11 be sent by certified mail, retum.receipt requested, hand delivery or ather delivery service requiring signed acceptance, ff 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 Heach Counry Attomey's Office 30I North Oliva Ave.—6�'Floor WPB,Florida 33405 If sent to the VILLAGE,notices sha11 be addressed to: Jim Trube � 357 Tequesta Dr. Tequesta,FL 33469 ARTICLE 15-ENTiRETY OF CONTRAGTIIAL.A * FF �NT The COiJNTY and the VII.,LAGE 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 altcred, except by written instivment executed by the parties hereto. ARTICLE 16-FXPiRATION OF AGRFFMF,NT This Agreement shall automatically expire in five (S) years or upon the expiration of the life of the EQUIPN�NT, whichever comes first, in accordance with the Sta.te EMS County Grant Program. At such time, the VII,LAGE may dispose of said EQUIPMENT as surplus property widi no farther municipal purpose. ARTICLE 17-EFFECTIVE DATE This Agreemetrt shall become effective when signed by both the COUNTY and the VII..LAGE. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEI+T BLANK Page 5 of 6 IN WITNESS WHEREOF, the Board of County Commi.ssioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the COUIJTY and VII.LAGE has hereunto set its hand the day and year above written. PALM BEACH COUNTY VII,LAGE OF TEQIIESTA BOARD OF COUNTY COMMISSIONERS By. By. Verdenia C.Baker VILLAGE Representative County Administrator APPROVED AS TO FORM APPROVED AS TO FORM AND LEGAL SUFFICIENCY AND LEGAL SLTFFICIENCY By By County Attomey VILLAGE Attomey APPROVED AS TO TERMS APPROVED AS TO TERMS AND CONDITIONS AND CONDTTIONS By By Division Director VILLAGE Representative ' Page 6 of 6 �0 CORBETT WHITE 0� DAV(S nNu ASHTON, ��. KEITH W. DAVIS ATTORNEY AT LAW lionrd Cerhry'rd�ii Cit�,Cuwity m�A Locnl Gotrrnnreiit Lnry February 16, 2017 Saliy Waite Palm Beach County Division of Emergency Management 20 South Military Trail West Palm Beach, Florida 33415 Re: Village of Tequesta Non-Discrimination Statement Dear Ms. Waite: As requested, and pursuant to the requirements of the 2017 EMS Grant Agreement, this letter will serve as an acknowledgement that the Village of Tequesta treats all its employees 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, and that the Village's practice in this regard confo►�ms to the requirements of Palm Beach County Resolution R- 2014-1421. Should you require anything further regarding this matter, please feel free to contact me. S i re�'ji;�, �. ,j�,�.,�' �J_ `'� �<eith V1�Da�vis;-��q:—� General Counsel, Village of Tequesta cc: Merlene Reid, Human Resources Michael Couzzo, Manager Keith�C4VDA-legnl.cun� 1111 H�poluxo Road,Suite 207 ruruzv.CWDA-legnl.com Lantnna, Florida 33462 TELEPHONE:(56I)586-7116 FAX:(561)586-9611