HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-126TR #11470 — BSOFR EMS Fiber -Optics
August 28, 2008
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 08-_
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 THE SHERIFF OF
BROWARD COUNTY, SUB -GRANTEE PROJECT
COORDINATOR FOR THE RECEIPT OF FIBER-OPTIC
INTUBATION SCOPES, UNDER A BROWARD COUNTY
EMERGENCY MEDICAL SEVICES (EMS) GRANT, AS
PART OF THE STATE EMS COUNTY GRANT FUNDS;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE AN AGREEMENT FOR PARTICIPATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac, through the Fire Department, provides
Emergency Medical Services (EMS) and Advanced Life Support (ALS) transport;
and,
WHEREAS, the Sheriff of Broward County wrote a non -matching grant for
the purchase of fiber-optic intubation (laryngoscopes) scopes 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 Broward County Fire Rescue, Sheriff of Broward County, that was
awarded the Broward County EMS Grant for fiber-optic scopes; and,
WHEREAS, the City of Tamarac Fire Rescue requests participation with
the Sheriff of Broward County to receive several fiber-optic scopes to be placed
TR #11470 — BSOFR EMS Fiber -Optics
August 26, 2008
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on each ALS Fire Rescue vehicle, which is approximately 5 units per vehicle,
request attached hereto as Exhibit "A"; and,
WHEREAS, the City of Tamarac will be receiving EMS equipment for the
enhancement and improvement of patient care, and appropriate funds are
available in Account # 120-4520-522-52.05 for the replacement of this equipment
once the grant has concluded; 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.
SECTION 2: That the City Commission approves the Agreement to
participate as a sub -grantee with the Sheriff of Broward County, authorizing the
City Manager or his designee to execute the Agreement (attached hereto as
Attachment "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
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TR #11470 — BSOFR EMS Fiber -Optics
August 26, 2008
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invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of r ' ` !�' , 2008.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
ICSA E OREN
CI ATTORNEY
I La
BETH FLANSBAUM-TALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO�,
DIST 1: COMM PORTNER L� .�1%%
DIST 2: COMM ATKINS-GRA r
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER r ll�y
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, Sheriff of Broward County,
Florida, on a Project Application for Fiber-optic Scopes for Rapid Visualization during
Intubation 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:
1. 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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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 two (2) 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 day of ,
20 and
as PARTICIPATING AGENCY,
signing
by and through its
duly authorized to execute same.
COUNTY
WITNESSES:
BROWARD COUNTY, through its
County Administrator
By
Signature
County Administrator
Print/Type Name Above
day of , 20
Approved as to form by
Signature
Office of County Attorney
Broward County Florida
JEFFREY J. NEWTON, County Attorney
Print/Type Name Above
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
Approved as to Insurance By:
Requirements by Risk Management
Division
Authorized Signature (Date)
In
(Date)
PATRICE M. EICHEN
Assistant County Attorney
ADDENDUM TO STATE EMS COUNTY GRANT FUNDING FOR PARTICIPATING
AGENCY
[Form of execution will depend on type of governmental entity]
WITNESS:
Signature
-L� W e;vrQ-5C�
Print name
Signature
Print name
PARTICIPATING AGENCY
C°i.
(Type or P int City Name)
6k
(Authorized Signator)
(Type or Print Name of Signator)
IV 1 day of 20�
Approved As to Legal Form:
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