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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-126TR #11470 — BSOFR EMS Fiber -Optics August 28, 2008 Page 1 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 Page 2 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 1 1 1 1 TR #11470 — BSOFR EMS Fiber -Optics August 26, 2008 Page 3 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. -1- 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. -2- 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. -3- 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: -S-