HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-069TR11786
May 10, 2010
Revision #1, May 13, 2010
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 10-& Cl
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 PROJECT COORDINATOR, AND MIRAMAR
FIRE RESCUE, SUB -GRANTEE FOR THE RECEIPT OF
BARIATRIC STRETCHERS AND RAMP SYSTEMS,
UNDER A BROWARD COUNTY EMERGENCY MEDICAL
SERVICES (EMS) GRANT, AS PART OF THE STATE EMS
COUNTY GRANT FUNDS IN THE AMOUNT OF TWENTY-
SIX THOUSAND ($26,000); 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 Tamarac Fire Rescue Department wrote a non -matching
Grant for the purchase of Bariatric Stretchers and Ramp Systems to be placed
on Tamarac and Miramar ALS fire -rescue vehicles; and,
WHEREAS, the City of Tamarac included Miramar Fire Rescue to
increase grant ranking as a multi -agency project. The City of Tamarac has now
been awarded the Broward County EMS Grant for bariatric stretchers and ramp
systems; and,
WHEREAS, the City of Tamarac Fire Rescue requests approval of the
Broward County EMS Grant Application to receive funding for bariatric stretchers
and ramp systems to be placed on Tamarac and Miramar ALS Fire Rescue
vehicles (attached hereto as Attachment A); and,
TR11786
May 10, 2010
Revision #1, May 13, 2010
Page 2
WHEREAS, the City of Tamarac Fire Rescue requests execution of the
Broward County EMS Grant Agreement to receive funding for bariatric stretchers
and ramp systems to be placed on Tamarac and Miramar ALS Fire Rescue
vehicles (attached hereto as Attachment B); and,
WHEREAS, the City of Tamarac will be reimbursed $26,000, 100% of the
cost for the purchase of EMS equipment for the enhancement and improvement
of EMS and firefighter safety, and will set aside appropriate funds in Account # -
120-4520-522-64-10 for this purpose; 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 Attachments hereto are expressly incorporated herein and made
a part hereof.
SECTION 2: That the City Commission approves the Grant Application
with the City of Tamarac, the sub -grantee project coordinator, and Broward
County, authorizing the City Manager or his designee to approve the Application
(attached hereto as Attachment A).
SECTION 3: That the City Commission executes the Grant Agreement
with the City of Tamarac, the sub -grantee project coordinator, and Broward
County, authorizing the City Manager or his designee to execute the Agreement
(attached hereto as Attachment B).
TR11786
May 10, 2010
Revision #1, May 13, 2010
Page 3
SECTION 4: An appropriation for the receipt and expenditure for this
grant and any matching funds will be included in a budget amendment prior to
November 30, 2010 pursuant to F.S. 166.241(2).
SECTION 5: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 6: 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 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day off , 2010.
zi�o_
BETH TALABISCO
MAYOR
` W
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
"i 4" /6
SAMLIEL S. GOA9N
CITY ATTORNEY
Record of COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM BUSHNELL y
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM GLASSER --�
DIST 4: VM DRESSLER ---�
TR 11786 — Attachment B
Form for Governmental Entities
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC FLORIDA
for
STATE EMS COUNTY GRANT FUNDING
Contract Number —10-OMETS-8271-01(14)(15)
Projects:
Therapeutic Hypothermia Induction Case — ALS Transport (14)
Bariatric Patient Rescue — Retrofit (15)
Tamarac 10-OMETS-8271-01(14)(15) 0 FY 2009
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
STATE EMS COUNTY GRANT FUNDING
Contract Number — 1 O-OMETS-8271-01(14)(1 5)
Projects:
Therapeutic Hypothermia Induction Case — AI-S Transport (14)
Bariatric Patient Rescue — Retrofit (15)
This is an Agreement, made and 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 "SUB -GRANTEE."
WHEREAS, pursuant to Section 401.101, et. seq., Florida Statutes, and Section
64J-1.015, et. seq., Florida Administrative Code, as may be amended from time to time,
COUNTY is the recipient of "Emergency Medical Services (EMS) County Grant
Program" funds to be used for the improvement and expansion of pre -hospital
emergency medical services in Broward County; and
WHEREAS, COUNTY has allocated a portion of the Fiscal Year 2010
"Emergency Medical Services County Grant Program" funds for the purpose(s)
described herein and in Exhibit "D," Scope of Project, and EMS County Grant
Application, DH Form 1684, June 2002), attached hereto and incorporated herein by
reference as Exhibit "C," in accordance with Section 401.291 Florida Statutes, as may
be amended from time to time; and
WHEREAS, COUNTY and SUB -GRANTEE desire to enter into this Agreement to
provide for the implementation of the Project; NOW, THEREFORE,
Tamarac 10-OMETS-8271-01(14)(15) 1 FY 2009
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and SUB -GRANTEE agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement - means this document, Articles 1 through 14, inclusive. Other terms
and conditions are included in the exhibits and documents that are expressly
incorporated by reference.
1.2 Board - The Broward County Board of County Commissioners.
1.3 Contract Administrator - The Office of Medical Examiner and Trauma Services,
Trauma Management Agency Director or designee. The primary responsibilities
of the Contract Administrator are to coordinate and communicate with SUB -
GRANTEE and to manage and supervise execution and completion of the Scope
of Project and the terms and conditions of this Agreement as set forth herein. In
the administration of this Agreement, as contrasted with matters of policy, all
parties may rely on the instructions or determinations made by the Contract
Administrator; provided, however, that such instructions and determinations do
not change the Scope of Project.
1.4 County Attorney - The chief legal counsel for COUNTY who directs and
supervises the Office of the County Attorney pursuant to Section 2.10 of the
Broward County Charter.
1.5 Application — The EMS County Grant Application, DH Form 1684, June 2002 -
State Department of Health County EMS Grant application as authorized by
Chapter 401, Part 11, Florida Statutes, dispense grant funds (Exhibit "C"),
incorporated herein by reference as if set forth in full herein.
1.6 Project — Shall refer to the activity submitted for funding through the Application,
and identified in Exhibit "D."
1.7 Duly Authorized Individual — Individual identified as the Project Leader in the
EMS County Grant Application, submitted to COUNTY for funding and
incorporated herein by reference through Article 14, Section 14.14.
1.8 Participating Agency — Agency(ies) that join in SUB-GRANTEE's Application
for the Project and sign the "ADDENDUM TO STATE EMS COUNTY GRANT
FUNDING AGREEMENT FOR PARTICIPATING AGENCY," attached hereto and
incorporated herein as Exhibit "H," when applicable.
Tamarac 10-OMETS-8271-01(14)(15) 2 FY2009
ARTICLE 2
SCOPE OF PROJECT(S)
2.1 SUB -GRANTEE shall perform the EMS Grant Projects described in Exhibit "D,"
Scope of Project(s) in a manner satisfactory to COUNTY, within the time period
specified in Exhibit "D-1," under Project Schedule, and within the budget proposed in
Exhibit "D-2," achieving Outcomes identified in Exhibit "D-3," and Exhibit "C," EMS
County Grant Application DH Form 1684, June 2002, submitted to STATE for
funding and incorporated herein fully by reference. The location of the Project is in
Broward County, Florida.
2.2 The parties agree that the Scope of Project(s) is the description of SUB-GRANTEE's
obligations and responsibilities and is deemed to include preliminary considerations
and prerequisites, and all labor, materials, equipments, and tasks, which are such an
inseparable part of the work described, that exclusion would render performance by
SUB -GRANTEE impractical, illogical, or unconscionable.
ARTICLE 3
TERM
The term of this Agreement shall commence on the date of complete execution by
both parties ("Effective Date"), and continue through February 28, 2011 ("Initial Term").
This Agreement may be extended for up to two (2) one-year periods (each individually
referred to as an "Extension Period") at the sole option of COUNTY's Contract
Administrator. Any such exercise of an option to extend the term of this Agreement for the
respective Extension Period(s) shall be done in writing by COUNTY's Contract
Administrator and furnished to SUB -GRANTEE prior to the expiration of the then current
term using the notices procedures in the "NOTICES" section of this Agreement. The Initial
Term and any Extension Period(s) shall be collectively referred to as "Agreement Term." If
the Initial Term of this Agreement and/or any of the Extension Period of this Agreement
goes beyond a single fiscal year of COUNTY, any continuation of this Agreement beyond
the end of any such fiscal year shall be subject to the appropriation and availability of funds
of COUNTY in accordance with Chapter 129, Florida Statutes, as amended from time to
time.
ARTICLE 4
FUNDING AND METHOD OF PAYMENT
4.1 COUNTY shall provide funding to SUB -GRANTEE, in an amount not to exceed Sixty
Nine Thousand, Eight Hundred Fifty Five Dollars ($69,855) ("Funds") in the manner
described below to complete the Project pursuant to this Agreement:
® to SUB -GRANTEE on a reimbursement basis.
❑ to the Vendor on behalf of SUB -GRANTEE.
Tamarac 10-OMETS-8271-01(14)(15) 3 FY 2009
4.2 COUNTY's obligation to disburse any of the funds to SUB -GRANTEE is predicated
upon the availability and payment of funds in an equal amount provided by the State
of Florida, Department of Health, Bureau of Emergency Medical Services under the
Application.
4.3 The Director of the Trauma Management Agency, Office of Medical Examiner and
Trauma Services, or their designee has the authority, in his/her sole discretion, to
make any adjustments to: (a) the Maximum Funds allocated under this Agreement;
and (b) payment schedules, if any, throughout this Agreement's Term. Such
authority and discretion are to be exercised for the purpose of maximizing
expenditure of COUNTY funds. Such adjustments may be triggered by
underutilization by SUB -GRANTEE; availability of funds; or any other reason in
furtherance of the objectives of COUNTY's Office of Medical Examiner and Trauma
Services. Such adjustments may be made in writing and signed by the Director or
designee on behalf of COUNTY notifying SUB -GRANTEE in writing of such
adjustments (including corresponding revisions to Exhibit "D," Scope of Services,
Exhibit "D-1," Project Schedule, and to Exhibit "D-2," under Project Budget) at least
ten (10) calendar days prior to its effective date.
4.4 In the event funds are to be disbursed to SUB -GRANTEE on a reimbursement basis:
A. The funds shall be disbursed to SUB -GRANTEE upon SUB-GRANTEE's
presentation of paid receipts relative to the Project evidencing expenses
incurred by SUB -GRANTEE during the term of this Agreement. The receipts
shall be detailed and include the vendor's name and address.
B. All requests for payments submitted by SUB -GRANTEE shall be set forth on
the Cost Reimbursement Invoice form, attached hereto as Exhibit "E." Cost
Reimbursement Invoice forms shall be signed by SUB-GRANTEE's duly
authorized individual.
C. All payments shall be made solely in the name of SUB -GRANTEE as the
official payee. SUB -GRANTEE has provided the name, address, and federal
identification number of the official payee to whom the funding reimbursement
should be made which is as follows:
Name: Fire Chief
Agency: Tamarac Fire Rescue
Address: 6000 Hiatus Road
Tamarac, FL 33321
Telephone number: 954-597-3800
Tamarac 10-OMETS-8271-01(14)(15) 4 FY 2009
SUB -GRANTEE shall provide its federal identification number on a form
provided by COUNTY's Contract Administrator at the time of SUB-
GRANTEE's execution of this Agreement.
4.5 In the event funds are to be disbursed to the Vendor on behalf of SUB -GRANTEE:
A. The funds shall be disbursed to the Vendor on behalf of SUB -GRANTEE
upon SUB-GRANTEE's presentation of the Vendor's invoice(s) relative to the
Project evidencing expenses that were expended during the term of this
Agreement and that delivery of the item(s) to SUB -GRANTEE or Participating
Agency, if applicable, has occurred. The invoice(s) shall be detailed and
include the Vendor's name and address, product specifications, place of
delivery and certification by SUB -GRANTEE or Participating Agency, if
applicable, that it has received the commodity which is the subject of the
Project.
B. All requests for payments submitted by SUB -GRANTEE shall be set forth on
the Cost Request Invoice form, attached as Exhibit "E." Cost Request Invoice
forms shall be signed by a duly authorized individual of SUB -GRANTEE.
4.6 In the event SUB -GRANTEE initially elects to have payments made directly to the
Vendor on behalf of SUB -GRANTEE as provided for in Section 4.1 above, SUB -
GRANTEE shall have the right to notify COUNTY in writing that it desires to convert
to a reimbursement contract as described above in Section 4.1 without the necessity
of a formal amendment being executed. SUB -GRANTEE ackn owledges that its
ability to convert the method of funding is a one-time election and SUB -GRANTEE
will not be permitted to convert back. This election shall be made in writing to the
Contract Administrator.
4.7 SUB -GRANTEE shall use the funds solely for the purposes discussed above and as
referenced in the Application(s), Exhibit "C" and Exhibit(s) "D," "D-1," and "D-2."
SUB -GRANTEE, where Participating Agency does not take title to the property
("Property"), 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, unless SUB -GRANTEE
obtains the prior written consent from COUNTY. In such event where prior written
consent is granted by COUNTY, SUB -GRANTEE shall be required to refund to
COUNTY any and all funds provided to SUB -GRANTEE, or Participating Agency, if
applicable, 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 SUB -
GRANTEE, or Participating Agency, if applicable, to transfer to COUNTY the
Property purchased with funds under this Agreement in lieu of SUB -GRANTEE
paying back COUNTY any funds required as provided for in this section. SUB -
GRANTEE may not transfer, sell, or in any way have delivered any Property to a
Participating Agency who has not fully and properly executed an Addendum to State
EMS County Grant Funding for Participating Agency, as described in Section 1.8
above.
Tamarac 10-OMETS-8271-01(14)(15) 5 FY 2009
4.8 Failure of SUB -GRANTEE to provide in a timely manner any required reports or
documentation as required in the Agreement (Exhibit "G," Required Reports and
Submission Dates), or any misuse of funds provided, shall be deemed a breach of
this Agreement and shall require SUB -GRANTEE to return all unexpended funds to
COUNTY. SUB -GRANTEE shall additionally be responsible for reimbursing
COUNTY for any and all funds spent by SUB -GRANTEE in violation of this
Agreement.
4.9 Ownership of any and all Property purchased by or on behalf of SUB -GRANTEE
pursuant to this Agreement shall be by SUB -GRANTEE, unless otherwise described
herein. SUB -GRANTEE, for Property that Participating Agency does not take title,
shall be responsible for obtaining the proper insurance, licensing, permitting and for
maintaining said Property. SUB -GRANTEE 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 and availability. When any Property that Participating
Agency does not take title to is no longer usable, it may be sold for scrap or
disposed of in the customary procedure of SUB -GRANTEE.
4.10 SUB -GRANTEE may submit proper invoices monthly. SUB -GRANTEE shall submit
the final proper invoice no later than thirty (30) calendar days after the ending date of
the term of this Agreement. COUNTY shall pay SUB -GRANTEE or Vendor, as
applicable, within thirty (30) calendar days of receipt of the proper invoice for
reimbursement or payment of expenditures, as provided for above, in accordance
with COUNTY's Prompt Payment Ordinance (Sec. 1-51.6, Broward County Code, as
may be amended from time to time).
ARTICLE 5
MONITORING AND REQUIRED REPORTS/FINANCIAL STATEMENTS
5.1 SUB -GRANTEE 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,
incorporated herein by reference.
5.2 SUB -GRANTEE 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.
5.3 SUB -GRANTEE shall file a financial report, signed by the duly authorized individual,
identified as Exhibit "F," EMS County Grant Expenditure Report, no later than thirty
(30) calendar days after the end of this Agreement. This report shall disclose funds
Tamarac 10-OMETS-8271-01(14)(15) 6 FY 2009
expended by SUB -GRANTEE for the categories set forth in the line item budget,
with copies of supporting documentation showing purposes and payments of
invoices from SUB-GRANTEE's Purchasing and Accounting Departments.
5.4 SUB -GRANTEE shall assign appropriate staff as necessary to attend periodic
meetings with COUNTY, as requested by COUNTY, to assess the Project status.
5.5 SUB -GRANTEE understands and agrees that monitoring reports generated
periodically by designated COUNTY staff shall be considered as a factor in
evaluating future funding requests from SUB -GRANTEE.
5.6 COUNTY shall have the right to audit the books, records, and accounts of SUB -
GRANTEE that are related to this Project for the 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. SUB -
GRANTEE shall keep such books, records, and accounts as may be necessary in
order to record complete and correct entries related to the Project.
5.7 Failure by SUB -GRANTEE, or Participating Agency, if applicable, to timely provide
any required reports. or documentation, as required by COUNTY, shall be deemed a
breach of this Agreement by SUB -GRANTEE, or Participating Agency, if applicable.
5.8 The provisions of this Article 5 shall survive the expiration or earlier termination of
this Agreement.
ARTICLE 6
EQUAL OPPORTUNITY EMPLOYMENT COMPLIANCE
6.1 SUB -GRANTEE shall not make any decisions regarding eligibility of services based
upon or in consideration of race, age, religion, color, gender, gender identity and
expression, pregnancy, national origin, marital status, sexual orientation, political
affiliations, physical or mental disability of other factors which cannot be lawfully or
appropriately used as a basis for service delivery.
6.2 SUB -GRANTEE shall comply with Title I and Title II of the Americans with
Disabilities Act of 1990 regarding nondiscrimination on the basis of disability in
employment and in state and local government services, in the course of providing
any services funded in whole or in part by COUNTY.
6.3 SUB -GRANTEE shall not engage in or commit any discriminatory practice in
violation of the Broward County Human Rights Act (Broward County Code, Chapter
16Y2, as may be amended from time to time) in performing any services under this
Agreement.
Tamarac 10-OMETS-8271-01(14)(15) 7 FY 2009
ARTICLE 7
SUB -GRANTEE 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 SUB -GRANTEE 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 Agreement.
ARTICLE 8
INSURANCE
SUB -GRANTEE 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, SUB -GRANTEE 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 Agreement. Additionally, if SUB -GRANTEE elects to
purchase any additional liability coverage including excess liability coverage, SUB -
GRANTEE 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.
ARTICLE 9
TERMINATION OF AGREEMENT
9.1 This Agreement may be terminated for cause by action of the Board or by SUB -
GRANTEE 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 Agreement 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 Agreement 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.
9.2 In the event COUNTY terminates this Agreement for cause, which includes
noncompliance with the terms and conditions of the Application, SUB -GRANTEE
Tamarac 10-OMETS-8271-01(14)(15) 8 FY 2009
shall be required to repay COUNTY in full all funds disbursed to SUB -GRANTEE
prior to the date of termination. Failure to comply with these terms and conditions
shall result in COUNTY declaring SUB -GRANTEE ineligible for further participation
in the EMS Grant Program until such time as SUB -GRANTEE complies therewith.
9.3 In the event COUNTY terminates this Agreement for convenience, any
compensation paid to SUB -GRANTEE for services under this Agreement prior to the
notice of termination can be retained by SUB -GRANTEE for the purposes specified
herein. In the event SUB -GRANTEE terminates this Agreement for convenience,
any compensation paid by COUNTY to SUB -GRANTEE under this Agreement prior
to the notice of termination shall be refunded in full to COUNTY.
9.4 Notice of termination shall be provided in accordance with the "NOTICES" section of
this Agreement, except that notice of termination by COUNTY's Contract
Administrator which the Contract Administrator 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 Agreement.
ARTICLE 10
REPRESENTATIONS AND ACKNOWLEDGEMENTS
SUB -GRANTEE acknowledges that all services provided under this Agreement, and
pursuant to the Project, shall be by and through employees and agents of SUB -GRANTEE
as an independent contractor, and subject to the supervision by SUB -GRANTEE and not
as officers, employees or agents of COUNTY. This Agreement shall not constitute or make
the parties a partnership or joint venture. Personnel policy, tax responsibilities, social
security, health insurance, employee benefits, travel, per diem policy, purchasing policies
and any other similar administrative procedures applicable to services rendered under this
Agreement shall be those of the respective party.
ARTICLE 11
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 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 Avenue
Tamarac 10-oMETS-8271-01(14)(15) 9 FY 2009
Fort. Lauderdale, FL 33312
FOR SUB -GRANTEE: Fire Chief
Tamarac Fire Rescue
6000 Hiatus Road
Tamarac, FL 33321
ARTICLE 12
DESIGNATED REPRESENTATIVE
COUNTY's Contract Administrator for this Agreement is the Director, Trauma
Management Agency, Office of Medical Examiner and Trauma Services, or the Director's
designee. The duly authorized individual of SUB -GRANTEE responsible for the
administration of the Project under this Agreement, including submitting invoices to
COUNTY is Division Chief Thomas Sheridan.
ARTICLE 13
FINANCIAL STATEMENTS/MANAGEMENT LETTERS
13.1 SUB -GRANTEE shall provide the Office of Medical Examiner and Trauma Services,
Trauma and EMS Section with a total of three (3) copies of a special report by an
independent Certified Public Accountant, or by the SUB-GRANTEE's internal auditor
on the elements specified in Section 13.3 below.
In addition, in the event SUB -GRANTEE expends a total amount of State Financial
Assistance equal to, or in excess of Five Hundred Thousand Dollars ($500,000.00)
in any fiscal year of such SUB -GRANTEE, SUB -GRANTEE shall have a state single
audit or project -specific audit conducted for such fiscal year in accordance with
Section 215.97, Florida Statutes, as amended from time to time, applicable rules of
the Executive Office of the Governor, Rules of the Comptroller, and Chapter 10.600,
rules of the Auditor General, as amended from time to time. In determining the State
Financial Assistance expended in its fiscal year, SUB -GRANTEE shall consider all
sources of State Financial Assistance, including State Financial Assistance received
from COUNTY, except that State Financial Assistance received for federal financial
assistance and state matching requirements shall be excluded from consideration.
In the event SUB -GRANTEE meets the requirements for compliance with the Florida
Single Audit Act, as amended from time to time, SUB -GRANTEE shall also prepare
the state financial reporting package containing the following: 1) Schedule of State
Financial Assistance, 2) Auditor's Report, 3) management letter, 4) SUB-
GRANTEE's written response or corrective action plan, 5) correspondence on
follow-up of previous year's corrective action taken, and 6) such other information as
may be determined by the Auditor General to be necessary and consistent with
Section 215.97, Florida Statutes, as amended from time to time.
Tamarac 10-OMET5-8271-01(14)(15) 10 FY 2009
The Schedule of State Financial Assistance shall state whether the State Financial
Assistance shown on the schedule is presented fairly in all material respects in
relation to the non -state SUB-GRANTEE's financial statements taken as a whole.
SUB -GRANTEE agrees, as a condition to receiving State Financial Assistance, it
shall allow the state awarding agency, the comptroller, and the Auditor General
access to the independent auditor's working papers as necessary for complying with
the requirements of Section 215.97, Florida Statutes, as amended from time to time.
13.2 If the special report is prepared by an independent Certified Public Accountant, it
shall be in accordance with Section 623 of the Codification of Statements on auditing
Standards as promulgated by the American Institute of Certified Public Accountants.
If the special report is'prepared by an internal auditor, it shall be in accordance with
those sections as the status of the internal auditor permits, realizing that the internal
auditor may not issue the opinions required therein.
13.3 The special report shall show all revenues by source and all expenditures in
accordance with this Agreement. The report shall include an opinion (finding, in the
case of an internal auditor) as to whether the funds received under the applicable
grant agreement with COUNTY have been expended in accordance with this
Agreement. It shall specifically disclose the interest computed as earned on these
funds. It shall identify the total of noncompliant expenditures and interest earned as
due back to COUNTY.
13.4 SUB -GRANTEE agrees to reimburse COUNTY for any and all funds not used in
compliance with this Agreement by SUB -GRANTEE.
13.5 The reporting period for the financial disclosure information described in Sections
13.1 and 13.2 above shall be SUB-GRANTEE's fiscal year. Three (3) copies of this
information shall be filed with Contract Administrator within one hundred twenty
(120) calendar days after the close of each of SUB-GRANTEE's fiscal years in which
SUB -GRANTEE accounts for funds under this Agreement or with any other
agreements that SUB -GRANTEE has with COUNTY.
Copies of the State Financial Assistance reporting package required by Section
215.97, Florida Statutes, as amended from time to time, shall be submitted to the
Office of Medical Examiner and Trauma Services, Trauma and EMS Section, to the
state awarding agency and to the State of Florida Auditor General, Room 574,
Claude Pepper Building, 111 West Madison Street, Tallahassee, Florida 32302-
1450.
13.6 Late submission of the special report or any other documents required herein shall
result in suspension of payment under this and subsequent Agreements until the
report is received and accepted by COUNTY, and shall be a factor in evaluating
future funding requests. Suspension of payment shall not excuse SUB -GRANTEE
Tamarac 10-aMETS-8271-01(14)(15) 11 FY 2009
from continued delivery of services, although COUNTY will not accept invoices until
such report is received and accepted by COUNTY.
13.7 SUB -GRANTEE shall provide to the Office of Medical Examiner and Trauma
Services, Trauma and EMS Section a total of three (3) copies of any compliance
audits required by law within forty-five (45) calendar days of receipt and a copy of
the response within forty-five (45) calendar days of the date prepared.
13.8 SUB -GRANTEE shall provide to the Office of Medical Examiner and Trauma
Services, Trauma and EMS Section a total of three (3) copies of any and all
management letters arising from audited financial statements within one hundred
twenty days (120) calendar days of the close of SUB-GRANTEE's fiscal year.
13.9 SUB -GRANTEE shall provide to the Office of Medical Examiner and Trauma
Services, Trauma and EMS Section a total of three (3) copies of the schedule of
corrections developed in response to said management letter(s) within forty-five (45)
calendar days of development.
13.10 SUB -GRANTEE shall provide to the Office of Medical Examiner and Trauma
Services, Trauma and EMS Section a total of three (3) copies of any compliance
audits required by law within forty-five (45) calendar days of receipt and a copy of
the response within forty-five (45) calendar days of the date prepared.
ARTICLE 14
MISCELLANEOUS PROVISIONS
14.1 Performance. SUB -GRANTEE represents that all persons performing the services
required under this Agreement have the knowledge and skills, either by training,
experience, education, or combination thereof, to adequately and competently
perform the duties, obligations and services set forth in the scope of services.
14.2 Materiality and Waiver of Breach. COUNTY and SUB -GRANTEE agree that each
requirement, duty, and obligation set forth herein is substantial and important to the
formation of this Agreement and, therefore, is a material term hereof.
Either party's failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision or modification of this Agreement. No, waiver of any
provision of this Agreement shall be effective unless it is in writing, signed by the
designated Contract Administrator for the party against whom it is asserted and any
such written waiver shall only be applicable to the specific instance to which it
relates and shall not be deemed a continuing or future waiver.
14.3 Governing
Law and
Venue.
This Agreement shall be governed, construed and
controlled
according
to the
laws of the State of Florida. Venue for any claim,
objection
or dispute
arising
out of the terms of this Agreement shall be Broward
Tamarac 10-OMETS-8271-01(14)(15) 12 FY 2009
County. To encourage prompt and equitable resolution of any litigation that may
arise hereunder, each party hereby waives any rights it may have to a trial by jury of
any such litigation.
14.4 Mercer. This document incorporates and includes all prior negotiations,
correspondences, conversations, agreements or understandings applicable to the
matters contained herein; and the parties agree that there are not commitments,
agreements or understandings concerning the subject matter of this Agreement that
are not contained in this document. Accordingly, the parties agree that no deviation
from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
14.5 Amendments. COUNTY and SUB -GRANTEE agree that no modification, alternation
or amendment in the terms and conditions contained herein shall be effective unless
contained in a written document executed with the same formality and of equal
dignity herewith SUB -GRANTEE and the Board of County Commissioners (except
as otherwise stated herein). However, the County Administrator for COUNTY may
execute amendments containing modification(s), amendment(s), or alteration(s) to
the terms and conditions of this Agreement where there is a change to Exhibit "D,"
Scope of Services, Exhibit "D-1," Project. Schedule, Exhibit "D-2," Project Budget,
and/or Article 4, "FUNDING AND METHOD OF PAYMENT," to reduce the Contract
Amount, or to change Exhibit "D-3," Outcomes. Subject to the Contract
Administrator obtaining the prior review and written approval of the Director of the
Office of Medical Examiner and Trauma Services, the County Administrator may
also execute amendments which contain other modifications, amendments or
alterations to Exhibit "D," Scope of Services, Exhibit "D-1," Project Schedule, Exhibit
"D-2," Project Budget, and Exhibit "D-3," Outcomes, other than those stated in this
section herein and/or to any other exhibits attached to this Agreement.
14.6 Joint Preparation. The preparation of this Agreement has been a joint effort of the
parties and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the others.
14.7 Audit Right and Retention of Records. COUNTY shall have the right to audit the
books, records, and accounts of SUB -GRANTEE related to the Projects. SUB -
GRANTEE shall keep such books, records, and accounts as may be necessary in
order to record complete and correct entries related to the Project.
SUB -GRANTEE shall preserve and make available, at reasonable times for
examination and audit by COUNTY, all financial records, supporting documents,
statistical records, and any other documents pertinent to the Agreement for the
required retention period of the Florida Public Records Act (Chapter 119, Fla.
Statutes, as may be amended from time to time), if applicable, for a minimum period
of five (5) years after termination of this Agreement. If any audit has been initiated
and audit findings have not been resolved at the end of the retention period or five
(5) years, whichever is longer, the books, records, and accounts shall be retained
Tamarac 10-OMETS-8271-01(14)(15) 13 FY 2009
until resolution of the audit findings. If the Florida Public Records Act is determined
by COUNTY to be applicable to SUB-GRANTEE's records, SUB -GRANTEE shall
comply with all requirements thereof; however, no confidentiality or non -disclosure
requirement of either federal or state law shall be violated by SUB -GRANTEE. Any
incomplete or incorrect entry in such books, records, and accounts shall be a basis
for COUNTY's disallowance and recovery of any payment upon such entry.
SUB -GRANTEE agrees, as a condition to receiving State Financial Assistance, as
defined in the Florida Single Audit Act, to allow the state awarding agency, the
comptroller, and the Auditor General access to its records as required by Section
215.97, Florida Statutes, Florida Single Audit Act, as may be amended from time to
time.
14.8 Severance. In the event this Agreement or a portion of this Agreement is found by a
court of competent jurisdiction to be invalid, the remaining provisions shall continue
to be effective unless COUNTY or SUB -GRANTEE elects to terminate this
Agreement. The election to terminate this Agreement based upon this provision
shall be made within seven (7) days after the finding by the court becomes final.
14.9 Compliance with Laws. The parties shall comply with all federal, state and local
laws, codes, ordinances, rules and regulations in performing its duties,
responsibilities, and obligations pursuant to this Agreement.
14.10 Priori of Provision. If there is a conflict or inconsistency between any term,
statement, requirement, or provision of any exhibit attached hereto, any document or
events referred to herein, or any document incorporated into this Agreement by
reference and a term, statement, requirement, or provision of this Agreement, the
term, statement, requirement, or provision contained in Articles 1 through 14 of this
Agreement shall prevail and be given effect.
14.11 Survival. Either party's right to monitor, evaluate, enforce, indemnify and insure,
audit and review, and any assurances and items of financial responsibility shall
survive the expiration or earlier termination of this Agreement. Any provision of this
Agreement which contains a restriction or requirement which extends beyond the
date of termination or expiration set forth herein shall survive termination or
expiration of this Agreement and be enforceable.
14.12 Third Party Beneficiaries. Neither SUB -GRANTEE nor COUNTY intends to directly
or substantially benefit a third party by this Agreement. Notwithstanding that
exception, the parties agree that there are no third party beneficiaries to this
Agreement and that no third party shall be entitled to assert a claim against either of
them based upon this Agreement. The parties expressly acknowledge that it is not
their intent to create any rights or obligations in any third person or SUB -GRANTEE
under this Agreement.
Tamarac 10-oMETS-8271-01(14)(15) 14 FY 2009
14.13 Assignment. Neither party to this Agreement shall assign this Agreement in whole
or in part without the written consent of the other. However, this Agreement shall run
to COUNTY or its successors.
14.14 Incorporation by Reference. The truth and accuracy of each "Whereas" clause set
forth above is acknowledged by the parties. The attached exhibits and Addendum
(where applicable) are incorporated into and made a part of this Agreement.
SUB -GRANTEE agrees to abide by all of the covenants and representations
contained in the EMS County Grant Application submitted by SUB -GRANTEE upon
which COUNTY relied and upon which this Agreement is based, and SUB -
GRANTEE agrees that such covenants and representations in the EMS County
Grant Application shall form, become a part of, and be incorporated by reference
into this Agreement. If the EMS County Grant Application or any portion of such
EMS County Grant Application conflicts with this Agreement, this Agreement shall
control and govern the interpretation of any conditions and terms.
14.15. Multiple Originals, This Agreement may be fully executed in three (3) copies by all
parties, each of which, bearing original signatures, shall have the force and effect or
an original document.
(Remainder of page intentionally left blank)
Tamarac 10-OMETS-8271-01(14)(15) 15 FY 2009
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through its County
Administrator, authorized by Resolution # 2009-840 to execute same by Board action on
the 8th day of December, 2009, and 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
Print/Type Name Above
Approved as to Insurance
Requirements by Risk Management
Division
LIM
Authorized Signature (Date)
Name/Title of Authorized Signature
RGIU`IA
BROWARD COUNTY, through its
County Administrator
By
Bertha Henry
County 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
Telecopier: (954) 357-7641
PATRICE M. EICHEN
Assistant County Attorney (Date)
Tamarac 10-OMETS-8271-01(14)(15) 16 FY 2009
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR STATE
EMS COUNTY GRANT FUNDING
SUB -GRANTEE
F-WO05
MWAINVO
APPROVED AS TO LEGAL SUFFICIENCY:
By:
SUB-qAANTLVAttbrney
CITY OF TAMARAC
B�
i n ure
/P/), Ile, X7/%-A1,416r
Print NarKe and Title
day of 14-lei , 2016)
Tamarac 10-OMET5-8271-01(14)(15) 17 FY 2009
EXHIBIT "A"
AUTHORIZED INVOICE SIGNATORS
NOT- APPLICABLE FOR GOVERNMENTAL ENTITIES
Tamarac 10-QMETS-8271-01(14)(15) 18 FY 2009
EXHIBIT "B"
CERTIFICATION OF EMPOWERMENT
NOT- APPLICABLE FOR GOVERNMENTAL ENTITIES
Tamarac 10-OMETS-8271-01(14)(15) 19 FY 2009
I:*3:11-3>tSK&
EMS County Grant Application, DH Form 1684, June 2002
Incorporated herein by Reference
Tamarac 10-OMETS-8271-01(14)(15) 20 FY 2009
EXHIBIT "D"
SCOPE OF PROJECT(S)
SUB -GRANTEE Name: City of Tamarac, Florida, on behalf of its Fire Rescue Department
Project Names: Therapeutic Hypothermia Induction Case - ALS Transport (14)
Bariatric Patient Rescue — Retrofit Project (15)
Division: Office of Medical Examiner and Trauma Services
Contract: 10-OMETS-8271-01(14)(15)
Scope of Project(s):
Therapeutic Hypothermia Induction Case — ALS Transport (14):
This project will provide a therapeutic hypothermia induction case to each ALS-transport
vehicle for the purpose of initial cooling of patients with sustained Return of Spontaneous
Circulation (ROSC). Based on future protocol the cooling process can be used for
hyperthermia (heat stroke), brain injuries (CVA) and spinal cord injuries.
Participating agencies: Cities of Coral Springs, Dania Beach, Fort Lauderdale, Lauderhill
and Town of Davie.
Bariatric Patient Rescue — Retrofit Project (15):
This project will develop the capacity to respond to bariatric patient medical emergencies
with the proper resources and unique skill set of a specialized transport rescue for patient
weighing over 600 pounds based on EMS best practices in the industry.
Participating agencies: City of Miramar
SUB -GRANTEE will be reimbursed for line items and in the amounts reflected in Exhibit "D-
2," Projects' Budgets.
SUB -GRANTEE is required to submit Exhibit "F," Department of Health EMS Grant Program
Expenditure Report disclosing funds expended for the categories set forth in the line item
budget, with copies of supporting documentation and bill of lading(s) when the all
commodities are secured and the project is complete.
II. Amount for Term of Agreement: $ 69,855.00
Therapeutic Hypothermia Induction Case— ALS Transport (14) is $43,855.00
Bariatric Patient Rescue — Retrofit Project (15) is $26,000.00
111. Outcomes/Indicators
Outcomes and Indicators for Projects are attached as Exhibit "D-3.°
IV. Other Requirements — N/A
Tamarac 10-OMFT5-8211-01(14)(15) 21 FY 2009
EXHIBIT "D-1"
PROJECT SCHEDULE
Therapeutic Hypothermia Induction Case — ALS Transport (14)
WORK ACTIVITY
Number of Months After Grant Starts
Begin End
Select equipment and vendor
Month 0
Month 2
Purchase Equipment
Month 2
Month 3
Receive and distribute equipment
Month 3
Month 6
Bariatric Patient Rescue — Retrofit Proiect 05)
WORK ACTIVITY
Number of Months After Grant Starts
Begin End
Select equipment and vendor
Month 0 Month 2
Purchase equipment
Month 2 Month 3
Receive and install equipment
Month 3 Month 6
Train Personnel on new equipment
Within one month after receiving devices
Tamarac 10-OMETS-8271-01(14)(15) 22 FY 2009
EXHIBIT "D-2"
PROJECT BUDGET
DH Form 1684, Rev. June 2002)
5. Budget: Complete a budget page(s) for each organization to which you shall provide funds.
PROJECTS: Therapeutic Hypothermia Induction Case-ALS Transport (14).
Bariatric Patient Rescue — Retrofit Project (15).
Organization: City of Tamarac, Florida, on behalf of its Fire Rescue Department
Project Budget: $ 69,855.00
A. Salaries and Benefits. -
for each position title, provide the amount of salary per hour,
FICA per hour, other fringe benefits, and the total number of
hours.
Amount
N/A
N/A
B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an
agency, such as, commodities and supplies of a consumable nature excluding expenditures classified
as operating capital outlay see next category).
List the item and, if applicable, the quantity ' ` Amount `'
N/A N/A
C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other
tangible personal property of a non consumable and non expendable nature with a normal expected
life of one f 11 vear or mnre.
List the item and, if applicablei the quantity
Amount
Hypothermia Induction Case, 49 @ $800.00 each
$39,200.00
110v Power Cord for Case, 49 @ $55.00 each
2,695.00
Insulated Drug Case, 49 @ $40.00 each
1,960.00
Sub -total
43,855.00
Bariatric Patient Transport Stretcher 2 @ $6,500.00
13,000,00
Hydraulic Lift/Ramp System with Retraction 2 @ $6,500.00
13,000.00
Sub -total
26,000.00
Grand Total
fig 855.00
Tamarac 10-OMETS-8271-01(14)(15) 23 FY 2009
EXHIBIT "101-3"
OUTCOMES
SUB -GRANTEE Name: CITY OF TAMARAC, Florida, on behalf of its Fire Rescue
Department
Project Names: Therapeutic Hypothermia Induction Case — ALS Transport (14) and Bariatric
Patient Rescue — Retrofit (15)
Contract 10-OMET-8271— 01(14)(15)
Project
Activities
Outcomes
Indicators
Data Source
Data Collection
Method
Therapeutic
To provide a
"'' 55-75% of
It is
Patient care -run
Equipment
Hypothermia
therapeutic
patients will
anticipated
reports from the
purchase.
Induction
hypothermia
show favorable
that the
participating
Case— ALS
induction case to
neurologic
positive
agencies.
Patient care
Transport
each ALS
outcome in
neurological
transport record.
(14)
transport vehicle.
comparison to
outcome
Local hospitals
those patients
and return to
data for RQSC
Revise protocols
that did not
the quality of
patients for the
for county wide
receive the
life prior to
participating and
use.
therapy. **at
an
non participating
six months 30-
individual's
agencies.
40% in the
cardiac
hypothermia
arrest.
group as
compared to
60-70% to
patient's not
receiving
hypothermia
patient
mortality.
Bariatric
Purchase
Meet the needs
1) The safe
1) City of Tamarac
Equipment
Patient
necessary for the
of our patient
and effective
Fire Rescue,
purchase.
Rescue —
use of a bariatric
population
patient
2) City of Tamarac
Retrofit
patient stretcher
requiring lift
transport
Risk
Patient care
Project (15)
and
assistance
2) It is
Management,
transport record
ramp/hydraulic
(patients
anticipated
2005-2008. 3)
system in an ALS
weighing over
that injuries
City of Tamarac
rescue for the
600 lbs.)
due to
Community
Cities of Tamarac
improper
Development,
and Miramar.
operations
2008.
or lifting by
paramedics
will be
reduced
Tamarac 10-OMETS-8271-01(14)(15) 24 FY 2009
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EXHIBIT "F"
DEPARTMENT OF HEALTH
EMS GRANT PROGRAM EXPENDITURE REPORT
Name of Grantee: Broward County Grant ID Code:
Time Period Covered: _ � _:.; e .: t, o : , :::r to February 2$, 2011
Project Titles: Therapeutic Hypothermia Induction Case — ALS transport (14) and
oar iairic rabeni Rescue — Ketrorii (15
Major Line Items
Approved Budget Expenditure by Major Line Items)
TOTAL BUDGETED EXPENDITURES $
Actual Expenditures to Date by Major Line Items)
BALANCE (Budgeted Less Actual Expenses $
Include with the progress notes an explanation of how project personnel, equipment and
or barriers may have an imaact on the
Tamarac 10-OMETS- 8271-01(14)(15) 26 FY2009
EXHIBIT "G"
REQUIRED REPORTS AND SUBMISSION DATE(S)
Description of Report(s)
1. Cost Reimbursement Invoice
2. Paid Invoice
3. Copy of Purchase Order
4. Final Inspection Report
5. Outcome Report
6. Current Certificate of Insurance
7. EMS Grant Expenditure Report
Required Submission Date(s)
Submitted to Contract Administrator as project
or portion of project is completed and paid -
two (2) copies
Submitted with Cost Reimbursement Invoice -
Two (2) copies
Submit to Contract Administrator when
purchase is initiated (as applicable), submitted
with Cost Reimbursement Invoice
Submit to Contract Administrator with final
request for payment or as available when
project is complete (as applicable)
Submit to Contract Administrator with final
request for payment or as available when
project is complete (as applicable)
Due with signed Agreement - three (3) copies
Submit to Contract Administrator within the 30
days of project's completion.
Tamarac 10-OMETS- 8271-01(14)(15) 27 FY2009