HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-157TR11963
November 23, 2010
Page 1
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 10
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, TO APPROVE
AN AGREEMENT BETWEEN THE CITY OF
TAMARAC, A SUB -GRANT PARTICIPANT, AND
SUNRISE FIRE RESCUE, THE SUB -GRANTEE
PROJECT COORDINATOR, FOR THE RECEIPT OF
INTRAOSSEOUS VASCULAR ACCESS DEVICES
UNDER A BROWARD COUNTY EMERGENCY
MEDICAL SERVICES (EMS) GRANT, AS PART OF
THE STATE EMS COUNTY GRANT FUNDS, AND
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE AGREEMENT
BETWEEN THE CITY OF TAMARAC AND THE CITY
OF SUNRISE; 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 Intraosseous Vascular Access Devices 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 Intraosseous Vascular Access Devices; and,
WHEREAS, the City of Tamarac Fire Rescue requests participation with
Sunrise Fire Rescue to receive Intraosseous Vascular Access Devices to be
TR11963
November 23, 2010
Page 2
placed on our ALS Fire Rescue vehicles (said request attached hereto as Exhibit
A); and,
WHEREAS, the City of Tamarac will receive EMS equipment for the
enhancement and improvement of EMS patient care, and
WHEREAS, the 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 and
execute 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: The City Commission of the City of Tamarac hereby
approves the Agreement to participate as a sub -grant agency with the City of
Sunrise, the sub -grantee project coordinator.
SECTION 3: The appropriate City officials are hereby authorized to
execute the Grant Agreement (attached hereto as Exhibit A).
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
TR11963
November 23, 2010
Page 3
SECTION 5: 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 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED. this day of Lae 2010.
wrlowlwffia��
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ATTEST:
ail - - - i A-b •
I CLERK.
CITY
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO (���ll�-
DIST 1: V/M BUSHNELL �--'
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER�
DIST 4: COMM. DRESSLER�
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
SAMUEL S. GOREN
CITY ATTORNEY
ADDENDUM TO STATE EMS COUNTY GRANT FUNDING
FOR PARTICIPATING AGENCY
The undersigned PARTICIPATING AGENCY has entered into this ADDENDUM
TO STATE EMS COUNTY GRANT FUNDING AGREEMENT (Addendum) and
acknowledges that it has joined in with SUB -GRANTEE, CITY OF SUNRISE, a
municipal corporation of the State of Florida, on behalf of its Fire Rescue Department,
on one (1) project application: Intraosseous Vascular Access Device as part of the State
EMS County Grant Funding; hereinafter referred to individually as either the'Yespective
Property' or "applicable Project' and collectively as "Property' or 'Projects.'
PARTICIPATING AGENCY acknowledges that, in order to be included as a
PARTICIPATING AGENCY under the Agreement between COUNTY and SUB -
GRANTEE for State EMS County Grant Funding (Agreement), it agrees to the following
terms and conditions:
PROPERTY COVENANTS
1.1 PARTICIPATING AGENCY shall not sell or otherwise dispose of any
Property acquired with respect to the Projects prior to the end of the useful
life of the respective Property. PARTICIPATING AGENCY may elect to
sell or dispose of the respective 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 on behalf of PARTICIPATING AGENCY for the
purposes discussed herein prior to such sale or other disposition of the
respective Property. COUNTY has the right but not the obligation to
require PARTICIPATING AGENCY to transfer to COUNTY the equipment
purchased with funds under the Agreement, incorporated herein by
reference, in lieu of PARTICIPATING AGENCY paying back COUNTY any
funds required as provided for in this section.
1.2 Ownership of any and all equipment purchased on behalf of
PARTICIPATING AGENCY pursuant to the Agreement shall be by
PARTICIPATING AGENCY, unless otherwise described herein.
PARTICIPATING AGENCY shall be responsible for obtaining the proper
insurance, licensing, permitting and for maintaining said equipment.
PARTICIPATING AGENCY shall maintain and operate the respective
Property through the useful life of same and make it available for loan to
other Fire -Rescue agencies upon request. When any equipment funded
by the Agreement is no longer usable, it may be sold for scrap or disposed
of in the customary procedure of PARTICIPATING AGENCY.
Tamarac 1 FY2006
Sunrise 07-OMETS-8151-03
EXHIBIT "H"
ADDENDUM TO STATE EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY
2. MONITORING AND REQUIRED REPORTS/FINANCIAL STATEMENTS
2.1 PARTICIPATING AGENCY is subject to and shall comply with any and all
requirements contained in State law, and in the agreement between the
State and COUNTY regarding these grant funds, including the terms and
conditions of the Application for funding, incorporated herein by reference.
2.2 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 Projects for the useful life of any
Property acquired with respect to the Projects, including program
activities, pursuant to time frames set out by COUNTY or the State of
Florida.
2.3 PARTICIPATING AGENCY shall assign appropriate staff as necessary to
attend periodic meetings with COUNTY, as requested by COUNTY, to
assess the applicable Projects status.
2.4 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.
2.5 COUNTY shall have the right to audit the books, records, and accounts of
PARTICIPATING AGENCY that are related to the Projects 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 Projects. PARTICIPATING AGENCY
shall keep such books, records, and accounts as may be necessary in
order to record complete and correct entries related to the applicable
Project.
2.6 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.
2.7 The provisions of this Article 5 shall survive the expiration or earlier
termination of this Addendum.
Tamarac 2 FY2006
Sunrise 07-OMETS-8151-03
EXHIBIT "H"
ADDENDUM TO STATE EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY
3. 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 agentd 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 PARTICIPATING AGENCY 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 contract or under this Addendum.
4. 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 a total of three (3) copies 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 the Broward County
Board of County Commissioners will be listed as the certificate holder and
included as an additional named insured on the certificate.
5. INCORPORATION BY REFERENCE
PARTICIPATING AGENCY agrees to abide by all of the terms and conditions
contained in Article 14 and Exhibit "D," Scope of Project, Exhibit "D-1," Project
Schedule, Exhibit "D-2, Budget; and Outcomes identified in Exhibit 'D-3 ' of the
Agreement. PARTICIPATING AGENCY agrees that such terms and conditions
in the Agreement shall form a part of, and be incorporated by reference into this
Addendum.
6. 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 or an
original document.
Tamarac 3 FY2006
Sunrise 07-OMETS-8151-03
EXHIBIT "H"
ADDENDUM TO STATE EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY
IN WITNESS WHEREOF, the parties hereto have made and executed this
Addendum to State 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 24 h day of April, 2007, and, as
PARTICIPATING AGENCY, CITY OF TAMARAC, a municipal corporation of the State
of Florida, signing by and through its City Manager or Designee, duly authorized to
execute same.
WITNESSES:
Signature
Print/Type Name Above
Signature
PrintlType Name Above
Approved as to Insurance
Requirements by Risk Management
Division
1Z
Authorized Signature
COUNTY
(Date)
BROWARD COUNTY, through its
County Administrator
M
Bertha Henry
County Administrator
day of 1.20
Approved as to form by
Office of County Attorney
Broward County Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By:
PATRICE M. EICHEN (Date)
Assistant County Attorney
Tamarac 4 FY2006
Sunrise 07-OMETS-8151-03
EXHIBIT "H"
ADDENDUM TO STATE EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY
PARTICIPATING AGENCY
CITY OF TAMARAC
(Type or Print City Name)
WITNESSES:
Signature (Authoriz6d S' atory)
Print
+..�Ft.�C%C-� (Type or nt Name of Signatory)
Signature
71-J4, ����F'l� � � a day of k V1A JkV,20le.
Print name
Approved as to legal form:
City Attorney
Tamarac 5 FY2006
Sunrise 07-OMETS-8151-03