HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-037TR12175
February 17, 2012
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2012- 3
7
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF TAMARAC, A
SUB -GRANT PARTICIPANT, AND SUNRISE FIRE
RESCUE, SUB -GRANTEE PROJECT COORDINATOR
FOR THE RECEIPT OF MEDICAL MONITOR AND
REHABILITATION EQUIPMENT FOR PERSONAL SAFETY
AND OBSERVATION, UNDER A BROWARD COUNTY
EMERGENCY MEDICAL SERVICES (EMS) GRANT, AS
PART OF THE STATE EMS COUNTY GRANT FUNDS,
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac, through the Fire Rescue Department,
provides Emergency Medical Services (EMS) and Advanced Life Support (ALS)
transport as necessary to its residents, citizens and visitors; and,
WHEREAS, the Sunrise Fire Rescue Department wrote a non -matching
Grant for the purchase of medical monitoring and rehabilitation equipment for
personal safety and observation, to be placed across the County on ALS fire -
rescue vehicles; and,
WHEREAS, the City of Tamarac was included as a potential participating
agency with Sunrise Fire Rescue, which was awarded the Broward County EMS
Grant for medical monitoring and rehabilitation equipment; and,
WHEREAS, the City of Tamarac Fire Rescue requests participation with
Sunrise Fire Rescue to receive medical monitoring and rehabilitation equipment
to be placed on our ALS Fire Rescue vehicles (request attached hereto as
Exhibit A); and,
TR12175
February 17, 2012
Page 2
WHEREAS, the City of Tamarac will receive EMS equipment for the
enhancement and improvement of EMS patient care, and appropriate funds are
available in Account # 120-4520-522-52.05 should the need arise for the
replacement of this equipment once the Grant has concluded; and,
WHEREAS, the Fire Chief and the Purchasing and Contracts Manager
recommend entering into this Agreement; and,
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens of the City of Tamarac to approve this
Agreement.
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 expressly incorporated herein and
made a part hereof.
SECTION 2: That the City Commission approves the Agreement to be a
participating sub -grant agency with the City of Sunrise, the sub -grantee project
coordinator, authorizing the City Manager or his designee to execute the
Agreement (attached hereto as Exhibit A).
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: 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.
TR12175
February 17, 2012
Page 3
SECTION 5:
This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
GI f Y CLERK.
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
�- SAMUEL S. GOREN
CITY ATTORNEY
day ofA'L& 2012.
PAMELA BUSHNELL
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL
DIST 1: COMM. SWENSON ,
DIST 2: COMM. GOMEZdjg��
DIST 3: V/M GLASSER
DIST 4: COMM. DRESSLE" Ly�
EXHIBIT "G"
ADDENDUM TO EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY
ADDENDUM TO EMS COUNTY GRANT FUNDING
FOR PARTICIPATING AGENCY
This ADDENDUM TO EMS COUNTY GRANT FUNDING AGREEMENT
("Addendum") is entered into by and between BROWARD COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as ("COUNTY") and CITY of
TAMARAC, a municipal corporation of the State of Florida, on behalf of its Fire Rescue
Department, hereinafter referred to as ("PARTICIPATING AGENCY").
WHEREAS, PARTICIPATING AGENCY acknowledges that it has joined in with
the CITY of SUNRISE, a municipal corporation of the State of Florida, on behalf of its
Fire Rescue Department hereinafter referred to as ("CITY") on one (1) Project
Application: Medical Monitoring and Rehabilitation as part of the EMS County Grant
Funding and enters into this Addendum to the EMS County Grant Funding Agreement
("Agreement"), between COUNTY and CITY, in accordance with the terms and
conditions set forth herein; NOW, THEREFORE,
WITNESSETH: In consideration of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, COUNTY and PARTICIPATING
AGENCY agree as follows:
RECITALS. The above recitals are true and correct and are incorporated herein
as if set forth in full hereunder.
2. USE OF TERMS. The term "Property" shall refer to the equipment, item(s) or
commodity(ies) being provided to PARTICIPATING AGENCY in accordance with
this Addendum and the Project referenced in the Agreement.
3. PROPERTY COVENANTS.
3.1 PARTICIPATING AGENCY shall not sell or otherwise dispose of any of
the Property it acquires under the Project prior to the end of the useful life
of the Property. PARTICIPATING AGENCY may elect to sell or dispose
of the Property prior to the end of its useful life only with the prior written
consent of COUNTY; however, PARTICIPATING AGENCY shall be
required to refund to COUNTY any and all funds provided to the CITY of
SUNRISE under the Agreement that were used to purchase the Property
for PARTICIPATING AGENCY for the Project referenced herein, prior to
such sale or -other disposition of the Property. COUNTY has the right but
not the obligation to require PARTICIPATING AGENCY to transfer to
COUNTY the Property purchased with funds under the Agreement, in lieu
OMETS
SUNRISE G -1 FY 2011
Tamarac: 11-OMETS-8151-01(01)(02)
EXHIBIT "G"
ADDENDUM TO EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY
of PARTICIPATING AGENCY paying back COUNTY any funds as
provided for in this section.
3.2 Ownership of any and all Property purchased on behalf of
PARTICIPATING AGENCY pursuant to the Agreement shall be in the
name of PARTICIPATING AGENCY, unless otherwise provided for herein.
PARTICIPATING AGENCY shall be responsible for obtaining the proper
insurance, licensing, permitting, as applicable, for the Property and for
maintaining said Property. When any Property purchased with funds
under the Agreement is no longer usable, it may be disposed of in the
customary manner and procedures of PARTICIPATING AGENCY.
4. MONITORING AND REQUIRED REPORTS/FINANCIAL STATEMENTS.
4.1 PARTICIPATING AGENCY is subject to and shall comply with any and all
requirements set forth in State law, and in that certain agreement between
the State of Florida and COUNTY regarding the funds, including the terms
and conditions of the Application for EMS Grant Funding submitted by
COUNTY, incorporated herein by reference.
4.2 PARTICIPATING AGENCY shall, to the extent permitted by law, maintain
and make available within ten (10) calendar days of the request for
inspection and audit by COUNTY officials, all books, reports,
documentation and records of any kind of nature required by COUNTY or
the State of Florida regarding the Project for the useful life of any Property
acquired with respect to the Project, including program activities, pursuant
to time frames set out by COUNTY or the State of Florida.
4.3 PARTICIPATING AGENCY shall assign appropriate staff as necessary to
attend periodic meetings with COUNTY, as requested by COUNTY, to
assess the applicable Project's status.
4.4 PARTICIPATING AGENCY understands and agrees that monitoring
reports generated periodically by designated COUNTY staff shall be
considered as a factor in evaluating future funding requests from
PARTICIPATING AGENCY.
4.5 COUNTY shall have the right to audit the books, records, and accounts of
PARTICIPATING AGENCY that are related to the Project for a period of
six (6) years from the conclusion of the State of Florida audit period as
defined by the State during which the applicable Project occurred, of any
Property acquired with respect to the Project. PARTICIPATING AGENCY
shall keep such books, records, and accounts as may be necessary in
order to record complete and correct entries related to the Project.
OMETS
SUNRISE G - 2 FY 2011
Tamarac: 11-OMETS-8151-01(01)(02)
EXHIBIT " G"
ADDENDUM TO EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY
4.6 Failure by PARTICIPATING AGENCY to timely provide any required
reports or documentation, as required by COUNTY, shall be deemed a
breach of this Addendum by PARTICIPATING AGENCY and shall
require PARTICIPATING AGENCY to return all Property to CITY.
PARTICIPATING AGENCY shall additionally be responsible for
reimbursing CITY for any and all funds spent by CITY in the
distribution of Property to PARTICIPATING AGENCY.
5. LIABILITY.
PARTICIPATING AGENCY is a state agency, public body politic or political
subdivision of the State of Florida, as defined in Chapter 768.28, Florida
Statutes, as amended from time to time, and agrees to be fully responsible for its
acts of negligence, or its agents' acts of negligence when acting within the scope
of their employment or agency, and agrees to be liable for any damages resulting
from said negligence. 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 state agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising
out of any agreement or under this Addendum.
6. INSURANCE.
PARTICIPATING AGENCY is a state agency, public body politic or political
subdivision of the State of Florida, as defined by Section 768.28, Florida
Statutes, as amended from time to time. PARTICIPATING AGENCY shall
furnish to the Office of Medical Examiner and Trauma Services, Trauma and
EMS Section one (1) copy of written verification of liability protection in
accordance with Section 768.28, Florida Statutes, as amended from time to time,
prior to final execution of this Addendum. Additionally, if PARTICIPATING
AGENCY elects to purchase any additional liability coverage including excess
liability coverage, PARTICIPATING AGENCY agrees that Broward County will be
listed as the certificate holder and included as an additional named insured on
the certificate with regards to PARTICIPATING AGENCY's responsibilities set
forth herein.
7. NOTICES.
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or sent by commercial express carrier with acknowledgement of
delivery, or by hand delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
OMETS
SUNRISE G - 3 FY 2011
Tamarac: 11-OMETS-8151-01(01)(02)
EXHIBIT "G"
ADDENDUM TO EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY
place last specified. The place for giving notice shall remain the same as set
forth herein until changed in writing in the manner provided in this section. For
the present, the parties designate the following:
FOR COUNTY: Office of Medical Examiner and Trauma
Services Director, Trauma Management
Agency
5301 SW 31 st Avenue
Fort. Lauderdale, FL 33312
FOR PARTICPATING AGENCY: Tamarac Fire Rescue
Fire Chief
6000 Hiatus Road
Tamarac, FL 33321
8. TERMINATION OF ADDENDUM
8.1 This Addendum may be terminated for cause by action of COUNTY or by
PARTICIPATING AGENCY if the party in breach has not corrected the
breach within thirty (30) calendar days after written notice from the
aggrieved party identifying the breach. This Addendum may also be
terminated for convenience at any time by the Office of Medical Examiner
and Trauma Services, Trauma Management Agency Director upon not
less than ninety (90) calendar days' prior written notice by the Director.
This Addendum may also be terminated by the Office of Medical Examiner
and Trauma Services, Trauma Management Agency Director upon such
notice as the Director deems appropriate under the circumstances in the
event the Director determines that termination is necessary to protect the
public health, safety, or welfare.
8.2 In the event COUNTY terminates this Addendum for cause,
PARTICIPATING AGENCY shall be required to repay COUNTY and/or
CITY/Town, as applicable, in full all Funds disbursed to PARTICIPATING
AGENCY, or disbursed on behalf of PARTICIPATING AGENCY, to
acquire Property under the Agreement for PARTICIPATING AGENCY
prior to the date of termination. Failure to comply with these terms and
conditions shall result in COUNTY declaring PARTICIPATING AGENCY
ineligible for further participation in the EMS Grant Program until such time
as PARTICIPATING AGENCY complies therewith.
8.3 In the event COUNTY terminates the Agreement with CITY for cause or
convenience, this Addendum shall automatically terminate on the effective
date of termination of the Agreement with CITY. Any Property
PARTICIPATING AGENCY received from CITY under the Agreement in
OMETS
SUNRISE G - 4 FY 2011
Tamarac: 11-01VIETS-8151-01(01)(02)
EXHIBIT "G"
ADDENDUM TO EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY
accordance with the terms of this Addendum, prior to the notice of
termination, can be retained by PARTICIPATING AGENCY for the
purposes specified herein. In the event CITY terminates the Agreement
with COUNTY for convenience, any Property PARTICIPATING AGENCY
received from CITY under this Addendum, prior to the notice of
termination, shall remain the Property of PARTICIPATING AGENCY.
8.4 Notice of termination shall be provided in accordance with the "NOTICES"
section of this Addendum, except that notice of termination by COUNTY's
Office of Medical Examiner and Trauma Services, Trauma Management
Agency Director which the Director deems necessary to protect the public
health, safety, or welfare may be verbal notice which shall be promptly
confirmed in writing in accordance with the "NOTICES" section of this
Addendum.
9. INCORPORATION BY REFERENCE.
9.1 PARTICIPATING AGENCY agrees that the term of this Addendum shall
be coterminous with the term in the Agreement. COUNTY will provide
PARTICIPATING AGENCY with Notice of an amendment to the term of
the Agreement as provided for in the Notice section of the Addendum.
9.2 PARTICIPATING AGENCY agrees to abide by all of the terms and
conditions set forth in Article 14, Miscellaneous Provisions, Exhibit 'A"
Scope of Project, Exhibit "B," Project Schedule, Exhibit "C," Project
Budget and Exhibit "D," Outcomes of the Agreement. PARTICIPATING
AGENCY agrees that such terms and conditions in the Agreement shall
form a part of, and be incorporated herein by reference into this
Addendum.
10. MULTIPLE ORIGINALS.
This Addendum may be fully executed in three (3) or more copies by all parties,
each of which, bearing original signatures, shall have the force and effect of an
original document.
(The remainder of page is intentionally left blank.)
OMETS
SUNRISE G - 5 FY 2011
Tamarac: 11-0METS-8151-01(01)(02)
EXHIBIT "G"
ADDENDUM TO EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY
IN WITNESS WHEREOF, the parties hereto have made and executed this
ADDENDUM TO EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY
on the respective dates under each signature: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS, signing by and through its County
Administrator, authorized to execute same by Board action on the 29th day of March,
2011 and as PARTICIPATING AGENCY, CITY OF TAMARAC, a municipal corporation
of the State of Florida, signing by and through its City Manager duly authorized to
execute same.
WITNESSES:
ANDRt MORRELL
Print/Type
Signature
MARY A lNE DARBY
Print/Type Name Above
COUNTY
BROWARD COUNTY, through its
County inistrator
e111i1111tlllays
O M.A4,S peiyd�'
CREATED ' P ertha Henry
v ca OCT 1st o i
County Administrator
-�� 1915
day of rA� , 20LZ-
ll/lll 110 ``
` �, Approved as to form by
Office of County Attorney
Broward County Florida
JONI ARMSTRONG COFFEY
County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Tele p r: (954) 357-7 41
Approved as to Insurance By:
Requirements by Risk Management I PATRI06E WE 16WtN e)
Division Assistant County Attorney
ii ana�ement Division (Date)
OMETS Perez Alexander, SPC III
SUNRISE G - 6 FY 2011
Tamarac: 11-OMETS-8151-01(01)(02)
EXHIBIT "Goo
ADDENDUM TO EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY
�u
1
OMETS
SUNRISE
Tamarac: 11-OMETS-8151-01(01)(02)
PARTICIPATING AGENCY
CITY OF TAMARAC, FLORIDA
By: LtL �3vsLLt(
(Authorized Signatory)
(Type or Print name of Signatory)
kHurnvrnzea aignaiory)
(Type or Print name of Signatory)
Approved as to form:
City Attorney
DATE:
G - 7 FY2011