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Home My WebLink AboutCity of Tamarac Resolution R-2010-085TR11842 June 7, 2010 Revision #1 -- June 17, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2010-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE NON - MATCHING GRANT AGREEMENT BETWEEN THE CITY OF TAMARAC, A SUB -GRANT PARTICIPANT, AND POMPANO BEACH FIRE RESCUE, THE SUB -GRANTEE PROJECT COORDINATOR FOR THE RECEIPT OF "REFRIGERATED" DRUG BOXES FOR NON -TRANSPORT ADVANCED LIFE SUPPORT (ALS) ENGINES, 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 Pompano Beach Fire Rescue Department wrote a non - matching Grant for the purchase of "refrigerated" drug boxes, to be placed across the County on ALS non -transport vehicles or ALS Engines; and, WHEREAS, the City of Tamarac was included as a potential participating agency with Pompano Beach Fire Rescue, which was awarded the Broward County EMS Grant for the receipt of "refrigerated" drug boxes; and, WHEREAS, the City of Tamarac Fire Rescue requests participation with Pompano Beach Fire Rescue to receive the "refrigerated" drug boxes to be placed on our ALS non -transport vehicles or ALS Engines (request attached hereto as Exhibit A); and, TR11842 June 7, 2010 Revision #1 — June 17, 2010 Page 2 WHEREAS, the City of Tamarac as a sub -grant participant will receive EMS equipment for the enhancement and improvement of EMS patient care; and WHEREAS, should the need arise to replace this equipment once the Grant has concluded the appropriate funds are available in Account # 120-4520- 522-52.05; 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: The City Commission of the City of Tamarac hereby approves the Grant Agreement to be a participating sub -grant agency with Pompano Beach Fire Rescue, the sub -grantee project coordinator. SECTION 3: The appropriate City officials are hereby authorized to execute the 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. C TR11842 June 7, 2010 Revision #1 — June 17, 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 of2010. �Z.�' : rjp� M/w ATTEST: ECORD OF COMMISSION VOTE: MARI ONO SWENS , CMC MAYOR TALABISCO CITY CLERK DIST 1: COMM. BUSHNELL C DIST 2: COMM. ATKINS-GRAD DIST 3: COMM.GLASSER DIST 4: VM. DRESSLER 2 I HEREBY CERTIFY that 1 have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY E EXHIBIT AgH„ TR11842 - Exhibit A 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 POMPANO BEACH, on one (1) Project Application for ALS Non -Transport "Refrigerated" Drug Box 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"), it 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 and 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 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 EMS Grant funds, including the terms and conditions of the Application for funding, incorporated herein by reference. Tamarac 1 FY2009 Pompano Beach 10-OMETS-8153-01(07) EXHIBIT "H" ADDENDUM TO STATE EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY 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's 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, for 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 PARTICIPATING AGENCY agrees this Addendum is effective on the date of execution by COUNTY and shall be subject to the termination provisions set forth in Article 9 of the Agreement. 2.8 The provisions of this Section 2 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 Tamarac 2 FY2009 Pompano Beach 10-OMETS-8153-01(07) EXHIBIT "H" ADDENDUM TO STATE EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY 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 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. Tamarac 3 FY2009 Pompano Beach 10-OMETS-8153-01(07) 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 8th day of December 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 County Administrator Print/Type Name Above Signature Print/Type Name Above Approved as to Insurance Requirements by Risk Management Division M COUNTY Authorized Signature (Date) BROWARD COUNTY, through its County Administrator M Bertha Henry day of , 2Q 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 M- PATRICE M. EICHEN (Date) Assistant County Attorney Tamarac 4 FY2009 Pompano Beach 10-OMETS-8153-01(07) EXHIBIT "H" ADDENDUM TO STATE EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY WITNESSES: Signature Print name i Signature av,o/yn l car n� Print nam PARTICIPATING AGENCY CITY OF TAMARAC ( tho �izedSignator) 4 , (Type or Print me of Signator) C`° day of9 r , 20 Ld Approved As to Legal Form: City Attorney Tamarac 5 FY2009 Pompano Beach 10-OMETS-8153-01(07)