HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-086TR11841
June 7, 2010
Revision #1 — June 17, 2010
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2010- JQ
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING THE GRANT
AGREEMENT BETWEEN THE CITY OF TAMARAC, A
SUB -GRANT PARTICIPANT, AND SUNRISE FIRE
RESCUE, SUB -GRANTEE PROJECT COORDINATOR
FOR THE RECEIPT OF SCANNING HARDWARE AND
SOFTWARE FOR PATIENT TRACKING AND TRAUMA
TOURNIQUETS FOR MASS CASUALTY INCIDENTS
(MCI), 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 scanning hardware and software for patient tracking
and trauma tourniquets for Mass Casualty Incidents (MCI), 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 scanning hardware and software for patient tracking and trauma
tourniquets; and,
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TR11841
June 7, 2010
Revision #1 —June 17, 2010
Page 2
WHEREAS, the City of Tamarac Fire Rescue requests participation with
Sunrise Fire Rescue to receive scanning hardware and software for patient
tracking and trauma tourniquets to be placed on our ALS Fire Rescue vehicles
(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 should the need arise
for the replacement of 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 Agreement to be a participating 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).
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TR11841
June 7, 2010
Revision #1 - June 17, 2010
Page 3
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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 �, 2010.
9W
BETH TALABISCO, MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SWENPK-t
MAYOR TALABISCO
CITY CLE DIST 1: COMM. BUSHNELL
DIST 2: COMM. ATKINS-GRAD t
DIST 3: COMM.GLASSER
DIST 4: VM. DRESSLER all,
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAMUEL S. GOREN
CITY ATTORNEY
EXHIBIT "H,p TR11841 - 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 SUNRISE, on two (2)
Project Applications: Scanning Hardware and Software for victim tracking for Mass
Casualty Incidents and Trauma Tourniquets for Mass Casualty Incidents as part of the
State EMS County Grant Funding; hereinafter referred to individually as either the
"respective 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 FY 2009
Sunrise 10-OMETS-8151-01(09)(10)
EXHIBIT "H"
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 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 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
Sunrise 10-OMETS-8151-01(09)(10)
2
EXHIBIT "H"
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.
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
Sunrise 10-0METS-8151-01(09)(10)
FY 2009
EXHIBIT "H"
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 8t" day of ,December, 2009, 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
Print/Type Name Above
Approved as to Insurance
Requirements by Risk Management
Division
Aj
COUNTY
Authorized Signature (Date)
Tamarac
Sunrise 10-OMETS-8151-01(09)(10)
4
BROWARD COUNTY, through its
County Administrator
M
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
By:
PATRICE M. EICHEN (Date)
Assistant County Attorney
EXHIBIT "H"
ADDENDUM TO STATE EMS COUNTY GRANT FUNDING FOR PARTICIPATING
AGENCY
WITNESSES:
Signature A /
0-,
Print name
ignature
Print name
Tamarac
Sunrise 10-OMETS-8151-01(09)(10)
PARTICIPATING AGENCY
CITY OF TAMARAC
��Ty�pe Pri # Ci Name)
(Authorized Signator)
I-Vr eq A /w/
(Type or Print t4ame of Signator)
day of 20L.
Approved as to Legal Form:
�T��.
ity Attorney
w
FY 2009