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Home My WebLink AboutR-1996-046RESOLUTION NO.46-96 A RESOLUTION OF THE CIry OF DANIA, FLORIDA, AUTHORIZING THE CIry MANAGER TO PURCHASE A DEFIBRILLATOR IN THE AMOUNT OF $13,OOO.OO, WTHOUT COMPETITIVE BIDDING AND WTHOUT ADVERTISING FOR BIDS, FOR USE BY THE FIRE/RESCUE DEPARTMENT; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania, Part lll, Article 3, Section 4, Subsection (J), authorizes the city manager to purchase supplies, services, equipment and materials for the city government in an amount in excess of $15,000.00 without competitive bidding and without advertisement for bids if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the Federal Government, State of Florida or a Florida county or municipality; and WHEREAS, the city manager has determined that it is necessary to purchase a defibrillator for use by the City of Dania FireiRescue Department; and WHEREAS, the city manager has determined that said defibrillator can be obtained at the least cost to the city by purchasing same from Physiocontrol, a sole source provider, for a cost of $13,000.00; and WHEREAS, the city manager has determined that said purchase can be financed through Family Bank at an interest rate of 5.85%, to be paid in 36 equal monthly installments in the amount of $425.00 each, with said payments to be made from funds collected under Agreement between the City of Dania and Air Dania Motocross Joint Venture relating to weekend standby ambulance service provided by Dania Fire/Rescue, a copy of which is attached hereto as Exhibit "A" Resolution No. 46-96 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the city manager, be and he is hereby authorized to purchase from Physiocontrol, a defibrillator for the sum of $13,000.00; without competitive bidding and without advertising for bids, and to finance said purchase through Family Bank at the terms and conditions above stated, with said payments to be made from funds collected under Agreement relating to weekend standby ambulance service by and between the City of Dania and Air Dania Motocross Joint Venture. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 23rd day of Ap ril, 1996. OR - COMMISSIONER ATTEST: CIry CL - AUDI R APPROVED FOR FORM AND CORRECTNESS BY:eJ c otk FRANK C. ADLER, City Attorney 2 Resolution No. 46-96 AGREEMENT THIS AGREEMENT is made and enE,ered inEo this 28 _day of March ,1-995, by and betsween AIR DANIA MOTOCROSS JOIIIT VEI{TURE, hereinaftser referred. to as "ifOIMf VEMrURE", and THE CITY OF DANIA, hereinafter referred E.o as uDANIA,,. RECITALS: WHEREAS, JOINT VENTURE is in the business of operatsing and maintaining a motocross track within the City of Dania; WHEREAS, the City of Dania employs paramedics and owns fu1Iy equipped ambulances; and WHEREAS, JOINT VENTURE desires Eo engage tshe use of.. DANIA, S paramedics and fulty equippeil ambulances for its racing ewents; and WHEREAS, DANIA desires to provide the use of the pAramedics and ful1y equipped ambuLances t,o ifo INf vEMruRE. NOW, THEREFORE, in considerat,ion of Ten Doltars (gl-0.00) paid in hand, the mutual covenants contained herein and for other good and valuable consideration, the receipt and efficiency of which are hereby acknowledged, Ehe parties heretso agree as follows: l-. EErrth ot Recitals. The above recit.als are Erue and correct and are hereby J-ncorporaEed into t.his agreemenE.. 2. Scope of Use. DANIA, shaII, make available as needed by .IOINT VEMrURE, the use of a minimum of two (21 paramedics for non- sancEioned racing events, who are fu]1y licensed and accredited in trauma uransport, and the use of two (2) paramedics and one (1) fully equipped ambulance, all of whom are fuIly licensed and accredited in Erauma transporE for sanct.ioned racing event.s. JoII\l'T VEMTURE hereby agrees tso provide a minimum of two (2) weeks advanced notice of all sanct.ioned racing events. DANIA agrees to- make t.he aforedescribed paramedics and ambulance available to JOIMI VENTTIRE each weekend on a standby basis during the t.erm of this Agreements. L 3. ComDe[sation aud Er(perrses. In consideratsion for Ehe actual use of the paramedics who are fu11y licensed and accredited in Erauma lransport, ,JOINT VE}IrURE agrees to pay DANIA Twenty-Ewo Dol1ars and Fift.y Cents ($22.50) per hour for each paramedic utilized by iIOINT VENTURE. Payment pursuant to t.his paragraph shall be due upon completion of Ehe lasE racing event on each weekend for which the paramedics are being provided by DANTA. A11 sums due by JorNT VENTITRE shall be payable on a two (2) week bilting cycIe. No palment shaIl be due for ariy weekend where no paramedics are being utilized by .TOIM| VENTURE. In considerat.ion for the acEual use of the fulty equipped ambulance, .lOfNT VENTURE agrees to pay $351.15 for the first montsh and $351.1L per month Ehereafter for 35 montshs, EoEa1ing g13,OOO.OO orer a t.hree year period. Payment pursuant to Ehis paragraph shal1 be due and payable on the 15th day of each month for Ehe life of t.he igr."*.rrr. 4. Te::a. This Agreement shatl be in effect reEroactsive to January 15, 1995, and shaLl continue for one (1) year. The AgreemenE shal-I auE.omatically renew at Ehe end of tshe initial t.erm, and each successive renewal tserm for successive one (1) year tserrns, unless notsice of cancetlation is given pursuant to paragraph 5 be1ow. 5.Te tsion .Either party may Eerminat.e Ehis AgreemenE aE any time with or without cause by giving E,hirty (30) days writ.tsen notice to Ehe other party, and such terminat.ion shait Ue effective immediately upon lapsing of said Ehirty (30) day period. 6. RelatioEship of Paramedics to Parties. The paramedics described in this Agreement sha11, under no circumsEances, be considered employees or independenE. contractors of ,IOINT VENTURE. DANIA shaIl indemnify and hold JOIMI VEIflftfRE harmless from any and all claims of every kind and description what.soever asserted againsts JO IItrT VENTT RE arising out of the performance of the paramedics' duties, obligations and responsibilities hereunder. .TOIITI VE}i]rURE sha11 nots have control of Ehe paramedics' actsivitsies or duties, and Ehe ') paramedics are free E,o exercise their own independent judgment as tso the manner in which t.heir duE.ies are carried out. DANIA shall be required tso make any and all arrangements for palmen! of income taxes and social security t,axes wit.h regard t.o tshe paramedics, it being understsood that JOINT VElflrURE will nots t.reat t.he paramedics as employees for purposes of employment taxes and income t.ax withholding. 7. Dtiscellaneous Provisioas. a. Geader. Wherever t,he cont.ext shaI1 require, all words herein in tfre mascuLine gender shall be deemed to include t.he feminine or neut.er gender, all singular words shal1 include t.he pIuraI and all p1ural shal1 include the singular. b. Sewerabilitv. If any of Lhe provisions hereof are unenforceable in whole or in part under t,he laws of any sE.ate where the same is sought to be enforced or as applied t.o ."{ persons or circumstances, Ehe remainder of this Agreement and the application of such provision or part thereof to other persons or circumstsances sha1l not be affected thereby. c. Further Cooperatiotr. From and after the date of this Agreement, each of the parties hereto agrees to execute whatever additional document.ation or insEruments as are necessary to carry ouE the intsent and purposes of this Agreement. d. Waiver. No waiver of any provision of t.his AgreemenE shall be valid unless in writing and signed by Ehe person against who it is soughE Eo be enforced. The failure of any party aE any tsime to insist upon strict performance of any conditsion, promise, agreement or understsanding sets forEh herein, sha11 nots be construed as a waiwer or relinquishment of the right. to insist upon stricts performance of the same condiEion, promise, agreemenE or understanding at a fuEure time. _ e. Ameadltreot. This Agreement. may only be amended or modified at any time by an inst.rument. in wricing executed by the parties hereto. 3 f. Counterpart Executiop. This Agreement may be executed in t.wo (2) count.erparts, each of which shal1 be deemed an original, but bot.h of which together shall constsitsute but. one and tshe same instrument. S. AssiqEneut. This Agreement may not, be assigned by either party wiE.hout, Ehe consent of t.he other party. - h. Parties ia Iaterest. A11 the t.erms and provisions of t.his Agreement shaIl be binding upon the inure to Ehe benefits of and be enforceabl6 by Ehe parties hereE.o, their successors and assigns. i. Eatire Aoreealeat,. This Agreement and Ehe exhibits aEtached heretso constit.ute t,he entire Agreements and underst.anding of the parties on the subject matter hereof and supersede aII prior agreements and undersEandings relating t.hereto. j.Cons t ction It is the intent.ion of the parties that.' E,he laws of Ehe StaEe of Florida shal1 govern t.he validitsy of Ehis AgreemenE, t.he consEruction of it.s terms, and the interpret.ation of t.he rights and dutsies of Ehe part.ies. The part.ies agree and acknowledge thats each party has reviewed and revised t.his Agreement and t.hat. t.he normal rule of const.ruction to the effect that any ambignrities are to be resolved againsts Ehe drafting parEies sha1l not. be employed in ghe interpretation of Ehis AgreemenE or any amendmenE. or exhibits thereto. The 1aw firm of Abrams, Anton, Robbins, Resnick & Schneider, p.A. has represented JOIMr VEAIIURE in E.he preparat.ion of t.his Agreement.. DANIA acknorrledges E.haE it has been advised to hawe separate ]egal representation in connectsion t.herewith. k. Notices. Any notice, conrnunicaEion, request, reply or advice required or permitted to be given hereunder must be in writing and shaIl be served by depositing Ehe same in t.he United States mail, addressed_ tso the other partsy tso be not.if ied at. his or its Iasts known address, postage prepaid and regisEered or cert.if ied witsh return receipt requestsed or by delivering the same in person to such parEy. 4 IN WITIIESS WHEREOF, the part,ES hereto have Agreement. as of t.he \,t aay ot }\ Signed, sealed and delivered in the presence of: AIR A MOTOC JOINT BY: executed Ehis 1-995 . BRTAN ICK, PresidenE SOUTH FLORIDA SPORTS COMMITTEE, INC. CITY OF DANIA (sea1 ) ATTEST: Acting Ci Clerk BY: mkPe Ofi Approved for form and correctness: ey, 4a..4 C. i,/-At Frank C. Adler, City Atstorney al/l;--- Mayor ssxonertf City Manager 5 \ 4l ,1 CITY OF DANIA FIRE DEPARTMENT INTER.OFFICE MEMORANDUM Number 46-96 General Order No. TO: FROM: RE: DATE: Michael W. Smith, City Manager James Mulford, Rescue Division Chief Purchase of Defi brillator April 17, 1996 \ Attached is form of resolution authorizing purchase of a defibrillator using funds collected from Air Dania Motocross Joint Venture. lf same meets with the approval of the city attorney, I hereby request that this item be placed on the agenda for the regular city commission meeting to be held on April 23rd. I realize it was our original intention to lease this equipment on a yearly basis, however, at the price quoted by Physiocontrol, it will be more cost effective for the city to make an outright purchase. Thank you. JM:clb r ^rJrr L/E-Et 1 urt\ElLL rr1 r > 1u 5t 5 but, 55b5 PlrysicC.nl/al Co.t\o.arron Cs.bmsr SlFpon Conre. I lAll Wil06 Foad Nodhcasi Posr Ofic. Eor 91025 Beorno.d. WA 98073 9123 USA IeleDho.e:800 .42 I142 Fak 206.867l1116 LIFESAVING TOOLS FOR LIF€SAVTM; TEAMS Division Chief Jim Mulford City of Dania Fire Rescue 100 W Dania Beach Blvd Dania, FL 33004 April17,1996 Dear Chief Mulford, The Board of County Commissionen approved Soie Source Standardization of the Lifepak 1l on November 7,1995 Agenda item # 19A and I98. Physio-Control is the sole source rnanufacturer and supplier of the Lifepak 11. Ple:rre let me know if you need any frrther informaton at this tjme. Hry 22"yr.^- '7//t-//1' Deborah ONeill Physio Control