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HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-013 TR#13561 Page 1 of 3 • February 10, 2021 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO APPROVE BROWARD HEALTHCARE COALITION PROJECT (BCHC) DONATION AGREEMENT OF ONE (1) CLOROX 360 ELECTROSTATIC MACHINE AND THREE (3) VICTORY HANDHELD ELECTROSTATIC MACHINES AT A VALUE OF $5,579.80 NUNC PRO TUNC EFFECTIVE DECEMBER 23, 2020; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, due to the Covid-19 Pandemic, Tamarac Fire Rescue's • priority is to maintain healthy environments for their employees; and WHEREAS, the electrostatic machines can maintain clean surfaces and disinfect environments for the employees; and WHEREAS, Broward Healthcare Coalition Project (BCHC) facilitates healthcare, emergency response, and other partners to work collaboratively on healthcare preparedness, response, recovery and mitigation within the County; and WHEREAS, BCHC funds several initiatives to help local health care and fire agencies maintain healthy work environments for their employees; and BCHC purchased electrostatic disinfecting sprayers to donate to Broward Fire Rescue Departments; and 1 TR#13561 Page 2 of 3 February 10, 2021 41110 WHEREAS, Tamarac Fire Department would like to accept and execute the BCHC donation Agreement of one (1) Clorox 360 Machine valued at $3,499, and three (3) Victory Handheld Machines valued at $693.60 each; and WHEREAS, it is the recommendation of the Fire Chief that Tamarac Fire Rescue executes the BCHC donation Agreement of one (1) Clorox 360 Electrostatic Machine valued at $3,499, and three (3) Victory Handheld Electrostatic Machines valued at $693.60 each; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the execution of the BCHC donation Agreement attached hereto as Exhibit 1 of one (1) Clorox 360 Electrostatic Machine valued at $3,499, and • three (3) Victory Handheld Electrostatic Machines valued at $693.60 each for a total value of$5,579.80. 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 of Tamarac approves the execution of the BCHC donation Agreement of one (1) Clorox 360 Electrostatic Machine valued at $3,499, and three (3) Victory Handheld Electrostatic Machines valued at $693.60 each at a total value of$5,579.80 nunc pro tunc effective December 23, 2020 • 2 TR#13561 Page 3 of 3 February 10, 2021 and the appropriate City Officials are hereby authorized to execute the Agreement with BCHC; attached hereto as Exhibit 1. 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 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 I day of b1LfctV , 2021. • ,�y.•• 'qC� MICHELLE GOMEZ, paAYOR ATTEST:- EgTABLISHEp • 1963 o' SEAL JE ERJi; . .•N.S \\N. CITY CLERK rr i i i I I‘'`� RECORD OF COMMISSION VO1'E: MAYOR GOMEZ DIST 1: COMM. BOLTON �_- DIST 2: COMM. GELIN DIST 3: V/M VILLALOBOS DIST 4: COMM. PLACKO I HE' :BY IFY that I have approved this RESOLUTION as to form. / - • HA , IN•T, INtERIM CITY ATTORNEY 3 Broward Co i.> NNIJJnarf i.v6r.+i DONATION AGREEMENT This agreement is entered into this 1st day of January, 2021, by and between the Broward County Healthcare Coalition herein referred to as"Coalition,"and Tamarac Fire Rescue herein referred to as "Agency." WHEREAS,the Coalition is an incorporated body, whose offices are at, P.O. Box 19268 Plantation, FL 33318. Broward County, Florida,and the agency is a Hospital; Fire Rescue; and/or Organization. WHEREAS,the Coalition has received grant funds and is authorized to purchase equipment through such funds in order to donate equipment to the Agency;and WHEREAS,the Agency agrees to accept ownership of the equipment and abide by all requirements and/or Articles listed below. NOW, THEREFORE, in consideration of the foregoing,the parties agree as follows:Article 1. Broward County Healthcare Coalition agrees to: A. Purchase equipment with grant funds and donate the equipment listed on Attachment A to the Agency. This equipment is being purchased new and donated to the Agency unused by the Coalition. The Coalition makes no representations, guarantees, or warranties regarding the condition or useful life of the property and assumes no liability whatsoever relating to the use and/or operation of the equipment. Article 2. AGENCY agrees to: A. Use said equipment according to the Manufacturer's specifications and terms. B. Disposed of said equipment after written consent by the Coalition. If and when the Coalition approves of the Agency selling or disposing of said equipment,the Agency will dispose of the equipment according to the rules and regulations specified in the grant/contract agreement. C. Submit an inventory report to the Coalition as requested in a timely manner. The inventory shall include but is not limited to the make, model,serial number,location, Point of Contact("POC"), condition of equipment and any further information as requested. D. Provide/make available the equipment for inventory and audit site visits as requested by the Coalition, and or authorized State/Federal grantor agency. E. The Agency shall be responsible for paying all costs associated with providing proper maintenance, service and replacement of said equipment. F. The agency shall assign a POC to serve as the main liaison and partner who has functional authority to discuss and assess the equipment's status and modify the equipment's programmatic intent, if applicable. Article 3. Indemnification A. Each party to this Agreement shall be liable for its own actions and negligence and,to the extent permitted by law,the Coalition shall indemnify the Agency for any actions, claims, or damages arising out of the Coalition negligence in connection with this Agreement, and the Agency shall indemnify the Coalition for any actions,claims, or damages arising out of the Agency's negligence in connection with the Agreement. The foregoing shall constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28,or of any defense available to either party. Article 4. Liability A. The Coalition recognizes its liability for certain tortious acts of its members,to the extent and limit in 768.28 Florida Statutes, the State of Florida's partial waiver of sovereign immunity. Provided, however, this provision shall not be construed as a waiver of any right of defense that the Coalition may possess, and Coalition reserves all rights as against any and all claims that may be brought under this Agreement. B. The Agency recognizes its liability for certain tortious acts of its agents, officers, and employees to the extent and limit in 768.28 Florida Statutes,the State of Florida's partial waiver of sovereign immunity. Provided, however, of this provision shall not be construed as a waiver of any right of defense that the Agency may possess, and Agency reserves all rights as against any and all claims that may be brought under this Agreement. Article 5.No Third-Party Beneficiaries This Agreement and the provisions hereof are for the exclusive benefit of the Parties hereto and their affiliates and not for the benefit of any third person, nor shall this Agreement be deemed to confer or have conferred any rights, express or implied, upon any third person. Article 6.Notices/Point of Contact Any notices to be provided hereunder shall be in writing and given by personal service, mailing the same by United States certified mail, return receipt requested,and postage prepaid, or by a nationally recognized overnight carrier,addressed as follows: If to Coalition to: Broward County Healthcare Coalition Chair P.O. Box 19268 Plantation, FL 33318. If to Agency to: Tamarac Fire Rescue 6000 Hiatus Road Tamarac, FL 33321 Article 7. Severability The invalidity or enforceability of any provision or clause hereof shall in no way effect the validity or enforceability of any other clause or provision thereof. Article 8. Waiver and Delay No waiver or delay of any provision of this Agreement at any time will be deemed a waiver of any other provision of this Agreement at such time or will be deemed a waiver of such provision at any other time. Article 9.Assignment; Binding Agreement Neither party shall assign this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld or delayed.This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. Article 10. Governing Law and Venue The Agreement shall be construed in accordance with the laws of the State of Florida. Venue shall lie in Broward County, Florida IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates stated below. RECIPIE ,T'REPRES NTATIVE: COALITION REPRESENTATIVE: AI /22 Signature:k Signature: at-��t,�' (et, v 'CL,L{'.i-L Name: — �% �`-' Name: Jaim�..-Caldwell Title: I. \v t. Title:Chair,Broward C untyHealthcare Coalition Date: Z Date: Ji.7 P' 0-1 "ATTACHMENT A" Equipment Donation Form ACKNOWLEDGMENT OF RECEIPT FORM (1) Clorox 360-Electrostatic Sprayer (3) Victory Handheld Sprayer The above listed equipment has been received by the below listed individual,pursuant to the Agreement with the Broward County Healthcare Coalition Office.