Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-130Temp. Reso. #TR 12586 Page 1 November 10, 2014 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014 13 L) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO SUBMIT A REGIONAL GRANT APPLICATION TO THE US DEPARTMENT OF HOMELAND SECURITY (DHS) VIA THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR ASSISTANCE TO FIREFIGHTERS GRANT (AFG) PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED FOUR MILLION ($4,000,000) FOR FIREFIGHTER PERSONAL PROTECTIVE EQUIPMENT; PROVIDING FOR A MINIMUM TEN PERCENT (10%) MATCH IN LOCAL FUNDS IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND ($400,000) IN THE EVENT OF APPROVAL OF THE APPLICATION, PROVIDING FOR ACCEPTANCE OF THE GRANT AWARD AND EXECUTION OF DOCUMENTS UPON LEGAL REVIEW; AUTHORIZING THE CITY OF TAMARAC TO SERVE AS LEAD AGENCY APPLYING FOR AND PROVIDING ADMINISTRATION OF THE REGIONAL AFG GRANT IN THE EVENT OF APPROVAL OF THE APPLICATION; PROVIDING FOR A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TAMARAC AND THE COALITION OF CITIES APPLYING FOR AFG FUNDS PENDING LEGAL REVIEW IN THE EVENT OF APPROVAL OF THE APPLICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac wishes to provide high quality Fire Rescue services to residents, businesses and visitors to Tamarac; and WHEREAS, the City Commission of the City of Tamarac desires to protect the health and safety of Tamarac Fire Rescue personnel; and WHEREAS, the U.S. Department of Homeland Security (DHS), through the Federal Emergency Management Agency (FEMA), provides grants to local governments for firefighter personal protective equipment through the Assistance to Firefighters Grant (AFG) Program; and Temp. Reso. #TR 12586 Page 2 November 10, 2014 WHEREAS, the City of Tamarac and a coalition of neighboring cities wishes to apply for AFG funds under one regional application for the provision of personal protective equipment for their respective firefighters; and WHEREAS, FEMA requires and the City of Tamarac agrees to serve as the lead agency to file a regional AFG application on behalf of the coalition of cities and administer the AFG grant in the event of approval of the application; and WHEREAS, FEMA requires and the City of Tamarac agrees to provide a Memorandum of Understanding (MOU) between the City of Tamarac and the coalition of neighboring cities for the administration of the AFG grant upon approval of the application and is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Director of Financial Services and Fire Chief recommend submission of a regional AFG grant application on behalf of the coalition of cities, approval of the MOU, and acceptance of the award and execution of documents in the event of approval of the grant application; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to submit a regional application for AFG grant program funds, approve and execute an MOU, and accept the regional AFG grant award and the execution of documents upon approval of the application pending legal review; and Temp. Reso. #TR12586 Page 3 November 10, 2014 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The appropriate City officials are HEREBY authorized to submit a regional grant application to the Department of Homeland Security (DHS) via the Federal Emergency Management Agency (FEMA) for Assistance to Firefighters Grant (AFG) program funds in the amount not to exceed four million ($4,000,000) for firefighter personal protective equipment, providing for a minimum ten percent (10%) match in local funds in an amount not to exceed four hundred thousand ($400,000) in the event of approval of the application. A copy of said application form is attached hereto as "Exhibit B" and incorporated herein by this reference. SECTION 3: Upon approval of the application, the appropriate City officials are HEREBY authorized to accept the grant award and execute the necessary documents following legal review. SECTION 4: The City of Tamarac is HEREBY authorized to serve as lead agency to apply for and provide administration of the regional AFG grant in the event of approval of the application. SECTION 5: The City Commission of the City of Tamarac HEREBY approves the execution of a Memorandum of Understanding (MOU) between the City of Tamarac and the coalition of cities applying for regional AFG program funds pending legal review in the event of approval of the application. Temp. Reso. #TR12586 Page 4 November 10, 2014 SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8: This Resolution shall become effective immediately upon adoption. I', - - /J� - PASSED, ADOPTED AND APPROVED this ID day of , 2014. RRY DRESSLER MAYOR ATTEST: CITY CLERIC RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: V/M BUSHNELL DIST 2: COMM. GOMEZ ,, DIST 3: COMM. GLASSEW7 DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMU EL S. GOREN CITY ATTORNEY 20 Awl ASSISTANCE TO FIRE FIGHTERS GRANT PROGRAM REGIONAL GRANT APPLICATION MEMORANDUM OF UNDERSTANDING (MOU) This Memorandum of Understanding (MOU) is being executed by the following listed participating agencies (hereafter "participating agencies"): City of Tamarac City of Coral Springs City of Hallandale Beach City of Lauderhill City of Margate - City of North Lauderdale City of Sunrise Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between the participating agencies, listed above. WHEREAS, the participating agencies developed a course of action to achieve the Firefighters Grant Program (AFG); and have formed a working committee and goals and objectives of the Assistance to WHEREAS, the participating agencies have been identified as eligible jurisdictions able to collectively implement the objectives and goals of the AFG grant program; and WHEREAS, the City of Tamarac has been selected through this MOU to be the host agency to file a regional AFG grant application (the "Application") on behalf of the g Y participating agencies, and WHEREAS, the City of Tamarac has been selected through this MOU to administer the 2014-15 regional AFG grant program award and agrees to be the host agency responsible for administration of the grant including asset accountability and reporting requirements for those assets acquired under the AFG regional application in the event of approval; and WHEREAS, the City of Tamarac agrees to serve as host agent for the procurement and disbursement of all equipment received under AFG grant program award in the event of approval; and NOW THEREFORE, in consideration of the mutual terms, conditions, promises, and covenants hereinafter set forth, the participating agencies agree as follows: PURPOSE This MOU establishes the relationship between the participating agencies for participation in a Regional 2014-15 Assistance to Firefighters Grant Program (AFG) grant award in the event of approval of the Application. 1 I. . PROCEDURES 1. The City of Tamarac (Tamarac) will serve as the host agency to submit a regional 2014- 15 AFG grant program application and serve as grant administrator for the participating agencies in the event of approval. 2. Pursuant to the AFG program guidelines, all items approved under the Application will be procured and administered through Tamarac in the event of approval of the Application. 3. Tamarac agrees, as host agency, to provide accountability for the assets acquired under the regional AFG grant award and provide reporting requirement deliverables. As such, a encies a ree to provide Tamarac with this information on a timely basis participating 9 g to remain in compliance with the requirements of the grant. 4. The participating agencies agree to accept the 2014-15 regional AFG grant program award and accept their respective items as listed in the AFG grant application in the event of approval. 5. The participating agencies agree to provide the required cash match in the amount of 10% of the total cost of their requested items as detailed in the grant application as required under the regional AFG Grant Program guidelines. The required match shall be aid b the participating agencies upon receipt of an invoice from Tamarac, in P Y P P g advance of equipment procurement. 6. In the event of a reduced award, the participating agencies agree to accept this reduced amount and provide a 10% cash match on the total reduced award amount of their approved items. 7. Any expenditure beyond the grant award for an agency's approved item(s) remain the sole responsibility of that agency. 8. The participating agencies agree to allow Tamarac to procure and distribute their respective assets if awarded under the regional AFG grant program. 9. The participating agencies agree to participate in cooperative training on all equipment procured under this grant award as appropriate. As host agency, training will be coordinated through Tamarac. 10. The participating agencies agree to maintain/repair all items awarded to them under the P P g g g Application in accordance with the manufacturer's warranty, and to replace the equipment if it becomes inoperable for a period of three years after official closeout of the grant agreement. 11. The participating agencies agree to promptly provide any additional documentation to Tamarac as requested, that may be necessary in connection with the grant. 12. Participating agencies agree to promptly return any equipment or deliverables that are received in error to Tamarac. N 13. The grant award to each agency is as follows: Coral North EQUIPMENT Tamarac Springs Hallandale Lauderhill Margate Lauderdale Sunrise SCBA Airpacks 59 70 40 50 30 72 50 Spare Bottles 59 70 40 50 30 72 50 Face Mask 41 100 40 50 47 38 111 L TERM AND TERMINATION This MOU shall be effective on the date of last signature of the participating agencies herein and shall continue in full force and effect for a period of five years after official closeout of the grant agreement. GUIDELINES In performing its duties, responsibilities and obligations pursuant to this Agreement, each participating agency agrees to adhere to the requirement standards set forth in the AFG grant program guidance and Federal OMB Circular A-133 as applicable. RECORDS 1. Each participating agency understands that any and all records created as a result of participating in this federal grant program may be subject to the public disclosure pursuant to the Public Records Statute, Fla. Stat. Section 119.07 and shall be responsible for compliance with any public records request served upon it and any resultant award of attorney's fees for noncompliance. 2. Each participating agency shall maintain its own respective records and documents associated with this MOU sufficient to demonstrate compliance with the terms of this agreement for a period of five years from the close-out date of the agreement, and shall allow Tamarac and the Department of Homeland Security access to such records upon request. EXECUTION This agreement may be executed in counterparts each of which shall be deemed an original and all of which together shall be considered one and the same agreement. INSURANCE OR SELF-INSURANCE Each participating agency, at its sole cost and expense, shall carry insurance, or self -insure, its activities in connection with this MOU, and obtain, keep in force and maintain, insurance or equivalent programs of self-insurance, for general liability, professional' liability, workers compensation, and business automobile liability adequate to cover its potential liabilities hereunder. Each participating agency agrees to provide the other forty-five (45) days' advance written notice of any cancellation, termination or lapse of any of the insurance or self-insurance coverage. 3 INDEPENDENT CONTRACTOR This MOU does not create an employee/employer relationship between the parties. It is the intent of the parties that each participating agency is an independent contractor, and each participating agency shall assume responsibility for all personnel costs for its respective employees, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. INDEMNIFICATION Each participating agency shall each be separately liable and responsible for the actions of their respective officers, agents and employees in the performance of their respective obligations under the MOU. To the extent permitted by law, each participating agency shall indemnify, defend, and hold Tamarac, its officials, agents, servants and employees, harmless from any and all liability, actions, causes of action, suits, trespasses, damages, judgments, executions, claims and demands of any kind whatsoever, in law or in equity, which results from or arises out of the negligent acts or omissions of the participating agency or its employees, and the participating agency shall indemnify Tamarac, its officials, agents, servants and employees, for damages, judgments, claims, costs, expenses, including reasonable attorney's fees, which Tamarac, its officials, agents, servants and employees, might suffer in connection with or as a result of the negligent acts of the participating agency or its employees. For purposes of this provision, the participating agency's employees shall not be deemed agents or servants of Tamarac and Tamarac's employees shall not be deemed agents or servants of the participating agency. The participating agency will at all times be entitled to the benefits of sovereign immunity as provided in Florida Statutes, Section 768.28, and common law. Nothing contained in the Agreement shall be construed as a waiver of sovereign immunity. To the extent permitted by law, Tamarac shall indemnify, defend, and hold participating agency, its officials, agents, servants and employees, harmless from any and all liability, actions, causes of action, suits, trespasses, damages, judgments, executions, claims and demands of any kind whatsoever, in law or in equity, which results from or arises out of the negligent acts or omissions of Tamarac or its employees and Tamarac shall indemnify participating agency, its officials, agents, servants and employees, for damages, judgments, claims, costs, expenses, including reasonable attorney's fees, which participating agency, its officials, agents, servants and employees, might suffer in connection with or as a result of the negligent acts of the Tamarac or its employees. For purposes of this provision, Tamarac's employees shall not be deemed agents or servants of participating agency and participating agency's employees shall not be deemed agents or servants of Tamarac. Tamarac will at all times be entitled to the benefits of sovereign immunity as provided in Florida Statutes, Section 768.28, and common law. Nothing contained in the Agreement shall be construed as a waiver of sovereign immunity. V GOVERNMENTAL IMMUNITY Each participating agency is a municipal corporation existing under the laws of the state of Florida. Each agrees to be fully responsible for acts and omissions of their agents or employees to the extent permitted b law. Nothing herein is intended to serve as a waiver p Y of sovereign immunity by any party to which sovereign immunity may be applicable. Nothingherein shall be construed as consent b a political subdivision of the state of Florida Y to be sued by third parties in any matter arising out of this Agreement or any other contract. NOTICES Any and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class, and certified return receipt requested, addressed as follows: TO: CITY OF TAMARAC City Manager 7525 NW 88 Avenue Tamarac, Florida 33321 With copy to: TO: TO: TO: TO: TO: TO: City of Tamarac City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CITY OF CORAL SPRINGS CITY OF HALLANDALE BEACH CITY OF LAUDERHILL CITY OF MARGATE CITY OF NORTH LAUDERDALE CITY OF SUNRISE or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered on the date delivered if by personal delivery of overnight courier; on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be if mailed. 5 GOVERNMENTAL IMMUNITY Each participating agency is a municipal corporation existing under the laws of the state of Florida. Each agrees to be fully responsible for acts and omissions of their agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a political subdivision of the state of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. NOTICES Any and all notices given or required. under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class, and certified return receipt requested, addressed as follows: TO: CITY OF TAMARAC City Manager 7525 NW 88 Avenue Tamarac, Florida 33321 With copy to: TO: TO: TO: TO: TO: TO: City of Tamarac City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CITY OF CORAL SPRINGS CITY OF HALLANDALE CITY OF LAUDERHILL CITY OF MARGATE CITY OF NORTH LAUDERDALE CITY OF SUNRISE or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered on the date delivered if by personal delivery of overnight courier; on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be if mailed. 5 MISCELLANEOUS 1. COMPLIANCE WITH LAWS The participating agencies shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations which may be applicable in performing its duties, responsibilities, and obligations pursuant to this MOU. 2. JOINT PREPARATION The participating agencies acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this MOU has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 3. ' APPLICABLE LAW AND VENUE This MOU shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue in any proceeding or action among the parties arising out of this MOU shall be in Broward County, Florida. 4. INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the participating agencies. 5. ENTIRE AGREEMENT This MOU contains the entire understanding of the participating agencies relating to the subject matter hereof superseding all prior communications between the parties whether oral or written. This MOU may not be altered, amended, modified, or otherwise changed nor may any of the terms hereof be waived, except by written instrument executed by the participating agencies. The failure of a participating agency to seek redress for violation of or to insist on strict performance of any of the covenants of this MOU shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and affect. 6. SEVERABI LITY Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of this State, the validity of the remaining portions or provisions shall not be affected thereby. 7. UNCONTROLLABLE FORCES Participating agencies shall not be considered to be in default of this MOU if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this MOU and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 8. ASSIGNMENT Participating agencies shall not assign or transfer its rights, title or interests in the MOU. 9. SIGNATORY AUTHORITY Each participating agency shall supply Tamarac with copies of requisite documentation evidencing that the signatory for the participating agency has the authority to enter into this MOU. 10. NO THIRD PARTY BENEFICIARIES. The patticipating agencies expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this MOU. None of the parties intend to directly or substantially benefit a third party by this MOU. The parties agree that there are no third party beneficiaries to this MOU and that no third party shall be entitled to assert a claim against any of the parties based upon this MOU. 'Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 11. CAPTIONS The captions, section designations, section numbers, article numbers, titles and headings appearing in this MOU are inserted only as a matter of convenience, have no substantive meaning, and in no way define, limit, construe or describe the scope or intent of such articles or sections of this MOU, nor in any way effect this MOU and shall not be construed to create a conflict with the provisions of this MOU. 7 12.AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this MOU and executed by each party hereto., 13. NO GRANT OF AGENCY Except as the participating agencies may specify in writing, no participating agency shall have authority, expressed or implied, to act on behalf of the other participating agencies in any capacity whatsoever as an agent. No participating agency shall have any authority, express or implied, pursuant to this MOU, to bind the other participating agency to any obligation whatsoever. IN WITNESS WHEREOF, the participating agencies execute this instrument on the date(s) shown below: City Ta Date: .i" Authorized Representative Approved as to form and legal sufficiency Sy0jct to the execution by participating agencies Date: 1`0Z " I � —, / y City of Coral Springs Date: Authorized Representative City of Hallandale Beach Date: Authorized Representative 12.AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this MOU and executed by each party hereto. 13. NO GRANT OF AGENCY Except as the participating agencies may specify in writing, no participating agency shall have authority, expressed or implied, to act on behalf of the other participating agencies in any capacity whatsoever as an agent. No participating agency shall have any authority, express or implied, pursuant to this MOU, to bind the other participating agency to any obligation whatsoever. IN WITNESS WHEREOF, the participating agencies execute this instrument on the date(s) shown below: City of Tamarac Date: Authorized Representative Approved as to form and legal sufficiency Subject to the execution by participating agencies Date: City Attorney Date: 7'�e- Authorized Representative PA Ai k & 6 vi [ c) Plec C City of Hallandale Date: Authorized Representative 12.AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this MOU and executed by each party hereto. 13. NO GRANT OF AGENCY Except as the participating agencies may specify in writing, no participating agency shall have authority, expressed or implied, to act on behalf of the other participating agencies in any capacity whatsoever as an agent. No participating agency shall have any authority, express or implied, pursuant to this MOU, to bind the other participating agency to any obligation whatsoever. IN WITNESS WHEREOF, the participating agencies execute this instrument on the date(s) shown below: City of Tamarac Date: Authorized Representative Approved as to form and legal sufficiency Subject to the execution by participating agencies Date: City Attorney City of Coral Springs Date: Authorized Representative Date: Approved as to Form and Su _ . uiTy Attorney k City of Lauderhill z-,e / Date: P(uth-6n&z-e-V Representative City of Margate Date: Authorized Representative City of North Lauderdale Date: Authorized Representative City of Sunrise Date: Authorized Representative City of Lauderhill Authorized Representative City of Margate SE ATTACiO SI(NA'IURE PAGE Authorized Representative City of North Lauderdale Authorized Representative City of Sunrise Authorized Representative Date: Date: Date: Date: CITY of MARGATE Joanne Simone, Mayor 0? 1 �k day of , 2014 ATTEST: z J. Kavap(ac ,City Clerk c)l S day of T610, ia'�A, 2014 Douglas 021 day . Smith, City Manager • / ,L A ' APPR0'GED ASS ZO FORM: EugWe M. Steinfeld, City Attorney A - day of , 2014 City of Lauderhill Date: Authorized Representative City of Margate Date: Authorized Representative City of North Laudale 40 Date: /6 It 1'a is, Authorized Representati City of Sunrise Date: Authorized Representative 11 Y It City of Lauderhill Authorized Representative City of Margate Authorized Representative City of North Lauderdale Authorized Representative City of Sunrise Aue rued Representative Approved as to Ie901 form and sufficiency ise. F� r1dgA for City of SunrYam_ �a— By: ; A. Kis Attu p� LLrly aY of Date: Date: Date: Date: ►aTv_� � o � 4 ��