HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-034TR11782
March 8, 2010
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.2010- 3T
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 TRAFFIC SAFETY DEVICES,
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 Emergency Roadway Safety 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 traffic safety devices; and,
WHEREAS, the City of Tamarac Fire Rescue requests participation with
Sunrise Fire Rescue to receive emergency roadway safety devices to be placed
on our ALS Fire Rescue vehicles (request attached hereto as Exhibit A); and,
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TR11782
March 8, 2010
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WHEREAS, the City of Tamarac will receive EMS equipment for the
enhancement and improvement of EMS and firefighter safety, 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 speck 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.
TR11782
March 8, 2010
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SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 4� 4 day of , 2010.
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BETH TALABISCO
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SWENSON, CIVIC MAYOR TALABISCO
CITY CLERK DIST 1: COMM. BUSHNEL
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM.GLASSER
DIST 4: VM. DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
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A E GOREN
CITY ATTORNEY
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EXHIBIT "H"
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, on a Project
Application for Emergency Responder Roadway Safety Devices as part of the State
EMS County Grant Funding. 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") agrees to the
following terms and conditions:
Property Covenants
1.1 PARTICIPATING AGENCY shall not sell or otherwise dispose of Property
acquired with respect to the Project prior to the end of the useful life of
said 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 on behalf of
PARTICIPATING AGENCY for the purposes discussed 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 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 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.
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.
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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 this 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.
2.3 PARTICIPATING AGENCY shall assign appropriate staff as necessary to
attend periodic meetings with COUNTY, as requested by COUNTY, to
assess the Project 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 this 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 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.
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.
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 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 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.
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EXHIBIT "H"
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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 Human Services Repository, Program Development, Research and
Evaluation Division 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, become 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.
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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 2nd day of October, 2007, and City
of Tamarac, a municipal corporation of the State of Florida, signing by and through its
Ci Iftm C , duly authorized to execute same.
COUNTY
01. 4 t,rd i
WITNESSES: Ql410, •• °••
®: CREATED
OCT. i2
Signature 1915 .
�0Y RINDO ATANGAN ., ••. -••
Print/Type Na Above /17
Signature
MMYANNE DARBY
Print/Type Name Above
Approved as to Insurance
Requirements by Risk Management
Division
By
C-Auih-o(ized cfignature (Date)
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D COUNTY, through its
ministrator
ha Henry
my Administrator
day of , 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
Telec r: (954) 357-7641
Bhi /U �
y: iai./ P Z//
(Date
PATRICE M. EICHEN
Assistant County Attorney
EXHIBIT "H"
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ADDENDUM TO AGREEMENT NO. 07-HSD-EMS-8152-02 FOR STATE EMS
COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY
WITNESS:
�(
Signature 1
CL�,� yh e,
Print name
Signature
/ / �,4 ", � Y.,Z,� ` u
Print name
PARTICIPATING AGENCY
City of Tamarac
(Type or Print City Name)
(Aut (rized Signator)
6Lr�'L-�f/l/er
(Type or Print Name of Signator)
day of A1"
Approved As to Legal Form:
Ci or
, 20 /a
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