HomeMy WebLinkAboutR-2001-117 RESOLUTION NO. 2001-117
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING AN AGREEMENT BETWEEN THE CITY OF DANIA
BEACH AND BROWARD COUNTY FOR FUNDING FOR THE
PURCHASE OF SEMI-AUTOMATIC EXTERNAL DEFIBRILLATION
EQUIPMENT FOR THE FIRE RESCUE DEPARTMENT, UNDER THE
EMERGENCY MEDICAL SERVICES COUNTY GRANT PROGRAM;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That the agreement between the City of Dania Beach and Broward
County for funding for the purchase of Semi-Automatic External Defibrillation equipment for the
Fire Rescue Department, under the Emergency Medical Services County Grant Program, which
is attached to this Resolution as Exhibit "A," is hereby accepted and the appropriate city officials
are hereby authorized to execute same.
Section 2. The City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper for the best interests of the
City.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are hereby repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 10th DAY OF JJ4Y, 2001.
PATRICIA FLURY
MAYOR- COMMISSIONER
AT T ST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
ARLEN JO$NN COMMISSIONER MIKES - YES
ACTING CITY CLERK VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED AS T FORM AND CORRECTNESS:
r�
BY:
HOMA�S J. ANSBRO
CITY ATTORNEY
RESOLUTION NO. 2001-117
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
GRANT IN AID FUNDING FOR
PURCHASE OF SEMI-AUTOMATIC EXTERNAL DEFIBRILLATION EQUIPMENT
i AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
GRANT IN AID FUNDING FOR
PURCHASE OF SEMI-AUTOMATIC EXTERNAL DEFIBRILLATION EQUIPMENT
This is an Agreement, made and entered this day of , 2001, by
and between: BROWARD COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY,"
® AND
CITY OF DANIA BEACH, hereinafter referred to as "DANIA BEACH."
WITNESSETH:
WHEREAS, pursuant to Section 401.101, et. seq., Florida Statutes, and Section
10D-95.001,et seq., Florida Administrative Code,COUNTY is the recipient of "Emergency
Medical Services County Grant Program" funds to be used for the improvement and
expansion of prehospital emergency medical services in Broward County; and
WHEREAS, COUNTY has allocated a portion of_the 2000/2001 "Emergency
Medical Services County Grant Program"funds for the implementation of a project for the
the purchase of five (5) semi-automatic external defibrillator systems for use by DANIA
BEACH's Fire Rescue Department,with placement in strategic locations such as municipal
buildings, parks,the jai-alai facility,for use by property trained individuals to provide early
defibrillation for victims of cardiac arrest per Florida EMS Grants Program Application
Proposed Expenditure Plan, attached hereto and incorporated herein as Exhibit"A," in
accordance with Section 401.291 Florida Statutes; and
WHEREAS, COUNTY and DANIA BEACH desire to enter into this Agreement to
provide for the implementation of the project; NOW, THEREFORE,
1
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
• payments hereinafter set forth, COUNTY and DANIA BEACH hereby agree as follows:
ARTICLE I
SCOPE OF AGREEMENT
1.1 DANIA BEACH shall purchase five(5)semi-automatic external defibrillator systems
and associated accessories and supplies,establish training schedules, install units
in facilities and submit usage data to as provided for in the EMS County Grant
Program Application.
1.2 DANIA BEACH shall provide measurable outcome reports on this project in a
format requested by the Broward Regional.EMS Council's Grants Committee as
provided for in the EMS County Grant Program Application.
ARTICLE II
TERM
The project shall be fully implemented in accordance with the terms and conditions
set forth herein, it being understood that the funds provided hereunder are for use from the
® date of execution of this Agreement by COUNTY though June 30, 2002.
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1 Upon execution of this Agreement by COUNTY, COUNTY shall disburse to DANIA
BEACH a lump sum amount of Eighteen Thousand, Eight Hundred Dollars
($18,800) for the project referenced herein.
3.2 DANIA BEACH shall use the funds solely for the purposes discussed above and as
referenced in Exhibits "A."
3.3 All provided funds not expended by DANIA BEACH for the referenced project by
June 30,2002,shall be returned to COUNTY within thirty(30)days thereof. Failure
of DANIA BEACH to provide in a timely manner any required reports or
documentation as required in the Agreement, or any misuse of funds provided,
shall be deemed a breach of this Agreement and requires DANIA BEACH to return
all unexpended funds to COUNTY. DANIA BEACH shall additionally be responsible
for reimbursing COUNTY for any and all funds spent by DANIA BEACH in violation
of this Agreement.
• 2
3.4 Ownership of any and all equipment purchased by DANIA BEACH pursuant to this
Agreement shall be by DANIA BEACH. DANIA BEACH shall be responsible for
obtaining the proper insurance, licensing, permitting and for maintaining said
equipment.
ARTICLE IV
MONITORING AND REQUIRED REPORTS
4.1 DANIA BEACH is subject to and shall comply with any and all requirements
contained in State law, and in the agreement(s) between the State and COUNTY
regarding these grant funds, including the Grant Distribution Agreement and the
terms and conditions contained in the Florida Emergency Medical Services County
Grant Program 2001 booklet.
4.2 DANIA BEACH shall, to the extent permitted by law, maintain and make available
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, including program activities, pursuant to time frames set out by
COUNTY or the State of Florida.
4.3 DANIA BEACH shall file a financial report on the prescribed COUNTY form, EMS
® County Grant Final Expenditure Report, Form BC302-059 no later than thirty (30)
days after the end of this Agreement. This report shall disclose funds expended by
DANIA BEACH for the categories set forth in the line item budgets for this project,
with copies of supporting documentation showing purposes and payments of
invoices from DANIA BEACH's Purchasing and Accounting Departments (a copy
of said Form is attached hereto and incorporated herein as Exhibit "B").
4.4 Failure by DANIA BEACH to timely provide any required reports or documentation,
as required by COUNTY, shall be deemed a breach of this Agreement by DANIA
BEACH.
ARTICLE V
CLIENT ELIGIBILITY
5.1 DANIA BEACH shall not make any decisions regarding eligibility of services based
upon or in consideration of race, age, religion,color,gender, national origin, marital
status, sexual orientation, political affiliations, physical or mental disability or other
factors which cannot be lawfully or appropriately used as a basis for service
delivery.
• 3
5.2 DANIA BEACH shall comply with Title I and Title II of the Americans With
Disabilities Act of 1990 regarding nondiscrimination on the basis of disability in
employment and in state and local government services, in the course of providing
any services funded in whole or in part by Broward County.
5.3 DANIA BEACH shall not engage in or commit any discriminatory practice in
violation of the Broward County Human Rights Act(Broward County Code, Chapter
16-Y2) in performing any services under this Agreement.
ARTICLE VI
INDEMNIFICATION
DANIA BEACH and COUNTY agree to be fully responsible for the respective acts
of negligence of their officers,employees, and agents when acting within the scope of their
employment or agency, and agree to be liable for any damages resulting from said
negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by any
party 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 this Agreement.
ARTICLE VII
ASSIGNMENT
DANIA BEACH shall not subcontract this Agreement, or any portion thereof,without
the prior written consent of COUNTY.
ARTICLE VIII
TERMINATION OF AGREEMENT
8.1 This Agreement may be terminated by either party upon thirty (30) days written
notice to the other party as provided for in Article XI herein.
8.2 In the event COUNTY terminates this Agreement for cause or convenience, any
compensation paid to DANIA BEACH for services under this Agreement prior to the
notice of termination can be retained by DANIA BEACH for the purposes specified
herein.
• 4
ARTICLE IX
INDEPENDENT CONTRACTOR
DANIA BEACH acknowledges that all services provided under this Agreement, and
pursuant to this project, shall be by and through employees and agents of DANIA BEACH
as an independent contractor, and subject to the supervision by DANIA BEACH and not
as officers, employees or agents of COUNTY. This Agreement shall not constitute or
make the parties a partnership or joint venture. Personnel policy, tax responsibilities,
social security, health insurance, employee benefits, travel, per diem policy, purchasing
policies and any other similar administrative procedures applicable to services rendered
under this Agreement shall be those of the respective party.
ARTICLE X
CONTRACT ADMINISTRATORS
10.1 COUNTY's Contract Administrator for this Agreement is COUNTY's Chief of
Operations of Medical Examiner and Director of Trauma Services, authorized
representative for COUNTY's participation in the Emergency Medical Services
County Grant Program, or designee.
® 10.2 DANIA BEACH's Contract Administrator for this Agreement is project Leader Lt.
Bruce Caruso.
ARTICLE XI,
NOTICES
Whenever any party desires to give notice unto the other, it must be given by written
notice, sent by certified United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving of
notice shall remain such until it shall have been changed by written notice in compliance
with the provisions of this paragraph. For the present, COUNTY and DANIA BEACH
designate the following as the respective places for giving of notice, to-wit:
5
FOR COUNTY:
George H. Danz
Chief of Operations of Medical Examiner and Director of Trauma Services
Safety and Emergency Services Department
Medical Examiner and Trauma Services Division
5301 SW 31st Avenue
Fort Lauderdale, Florida 33312
FOR DANIA BEACH:
Lt. Bruce Caruso
Dania Beach Fire-Rescue
116 W Dania Beach Boulevard
Dania Beach, Florida 33004
ARTICLE XII
MISCELLANEOUS PROVISIONS
12.1 Performance. DANIA BEACH represents that all persons performing the services
required under this Interlocal Agreement have the knowledge and skills, either by
training, experience, education, or a combination thereof, to adequately and
competently perform the duties, obligations, and services set forth in the scope of
services.
12.2 Materiality and Waiver of Breach. COUNTY and DANIA BEACH agree that each
requirement,duty, and obligation setforth herein is substantial and important to the
formation of this Agreement and, therefore, is a material term hereof.
Either party's failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement. No waiver of
any provision of this Agreement shall be effective unless it is in writing, signed by
the designated Contract Administrator for the party against whom it is asserted and
any such written wavier shall only be applicable to the specific instance to which it
relates and shall not be deemed a continuing or future waiver.
12.3 Governing Law and Venue. This Agreement shall be governed, construed, and
controlled according to the laws of the State of Florida. Venue for any claim,
objection or dispute arising out of the terms of this Agreement shall be Broward
County.
12.4 Merger. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the
matters contained herein; and the parties agree that there are no commitments,
• agreements or understandings concerning the subject matter of this Agreement that
6
are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior representations
or agreements, whether oral or written.
12.5 Amendments. COUNTY and DANIA BEACH agree that no modification, alteration
or amendment in the terms and conditions contained herein shall be effective
unless contained in a written document executed with the same formality and of
equal dignity herewith.
12.6 Joint Preparation. The preparation of this Agreement has been a joint effort of the
parties and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the others.
12.7 Audit Right and Retention of Records. COUNTY shall have the right to audit the
books, records, and accounts of DANIA BEACH related to the project. DANIA
BEACH shall keep such books, records, and accounts as may be necessary in
order to record complete and correct entries related to the project. DANIA BEACH
shall preserve and make available, at reasonable times for examination and audit
by COUNTY, all financial records, supporting documents, statistical records, and
any other documents pertinent to this Agreement for the required retention period
of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the
Florida Public Records Act is not applicable,for a minimum period of three(3)years
iafter termination of this Agreement. If any audit has been initiated and audit
findings have not been resolved at the end of the retention period or three (3)
years,whichever is longer,the books, records,and accounts shall be retained until
resolution of the audit findings. If the Florida Public Records Act is determined by
COUNTY to be applicable to DANIA BEACH's records, DANIA BEACH shall
comply with all requirements thereof; however, no confidentiality or non-disclosure
requirement of either federal or state law shall be violated by DANIA BEACH. Any
incomplete or incorrect entry in such books, records, and accounts shall be a basis
for COUNTY's disallowance and recovery of any payment upon such entry.
12.8 Severance. In the event this Agreement or a portion of this Agreement is found by
a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless COUNTY or DANIA BEACH elects to terminate this
Agreement. The election to terminate this Agreement based upon this provision
shall be made within seven (7) days after the finding by the court becomes final.
12.9 Compliance with Laws. The parties shall comply with all federal, state, and local
laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations pursuant to this Agreement.
7
12.10 Priority of Provisions. If there is a conflict or inconsistency between any term,
statement, requirement, or provision of any exhibit attached hereto, any document
or events referred to herein, or any document incorporated into this Agreement by
reference and a term, statement, requirement, or provision of this Agreement, the
term, statement, requirement, or provision contained in Articles 1 through 12 of this
Agreement shall prevail and be given effect.
12.11 Conflicts. DANIA BEACH nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with DANIA BEACH's loyal and conscientious exercise
of judgment related to its performance under this Agreement.
DANIA BEACH agrees that none of its officers or employees shall, during the term
of this Agreement, serve as an expert witness against the other in any legal or
administrative proceeding related to performance underthis Agreement in which he
or she is not a party, unless compelled by court process. Further, DANIA BEACH
agrees that such persons shall not give sworn testimony or issue a report or writing,
as an expression of his or her expert opinion, which is adverse or prejudicial to the
interests of COUNTY or in connection with any such pending or threatened legal
or administrative proceeding related to the performance under this Agreement.The
limitations of this section shall not preclude DANIA BEACH or any other persons
from representing themselves in any action or in any administrative or legal
proceeding related to the performance under this Agreement.
12.12 Incorporation by Reference. The attached exhibits are incorporated into and made
a part of this Agreement.
12.13 Multiple Originals. This Agreement may be fully executed in five (5) copies by all
parties, each of which, bearing original signatures, shall have the force and effect
of an original document.
8
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature: BROWARD COUNTY through its BOARD OF
COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized
to execute same by Board action on the day of ,
20 , and DANIA BEACH, through its Mayor and Acting City Manage, duly authorized
to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
County Administrator and Chair
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida day of , 20T.
Approved as to form by
Office of County Attorney
Broward County, Florida
EDWARD A. DION, 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
Assistant County Attorney
9
AGREEMENT BETWEEN BROWARD COUNTY AND DANIA BEACH FIRE-RESCUE
FOR GRANT IN AID FUNDING THE PURCHASE OF SEMI-AUTOMATIC EXTERNAL
DEFIBRILLATION EQUIPMENT
DANIA BEACH
ATTEST: CITY OF DANIA BEACH
'Odt'ro-pi By
Charlene J hnson Patricia A. Flury
Acting City Clerk Mayor
By:
ason Nunemaker
Ming City Manager
(SEAL)
day of , 20 W
Approved as to form:
By
Thomas Ansbro
City Attorney
daniabeach-agree.g01
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June 21,2001
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Exhibit "B"
Page 1 of 2
BOARD OF COUNTY COMMISSIONERS
BROWARD COUNTY, FLORIDA
SAFETY AND EMERGENCY SERVICES DEPARTMENT
MEDICAL EXAMINER AND TRAUMA SERVICES DIVISION
EMS COUNTY AWARD GRANTS PROGRAM
FINAL EXPENDITURE REPORT INSTRUCTIONS
Filing of the EMS County Grant Final Expenditure Report, attached, will ensure
disclosure of grant award fund balances including interest, if any, and will
comply with the terms and conditions of the Grant Agreement and financial
reporting requirements of Broward County.
The report shall be filed on the prescribed County form, EMS County Grant Final
Expenditure Report, FORM BC 301-059, by no later than thirty (30) days after
grant agreement end. It shall disclose funds expended to the categories shown
in the line item budget attached to the Grant Agreement.
Please attach copies of supporting documentation for expenditures; i. e.,
purchase orders and invoices, and for interest earned, if any.
Interest earned during the grant period may be expended on the grant budget line
items. Monies must be encumbered before the grant period year-end.
Instructions shall be provided for return of any grant fund balances.
Please submit your report to:
Barbara Pomeranz
Contracts/Grants Administrator 11
c/o Medical Examiner and Trauma Services Division
5301 SW 31 Avenue
Ft. Lauderdale, FL 33301
954-765-4199x242
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
BROWARD COUNTY, FLORIDA
SAFETY AND EMERGENCY SERVICES DEPARTMENT
MEDICAL EXAMINER AND TRAUMA SERVICES DIVISION
EMS COUNTY AWARD GRANTS PROGRAM
FINAL EXPENDITURE REPORT
GRANT YEAR: 10/1/ TO 9/30/
PROJECT TITLE: Dania Beach Community Based Automatic External Defibrillator
Program
PROJECT LEADER: Lt. Bruce Caruso
REVENUES:
County Grant Funds: $ 18,800
Interest Earned, if any: $
Total Revenue: $
EXPENDITURES:
By Budget Line Item(s): $
Total Expenditures: $
GRANT FUND BALANCE DUE TO
BOARD OF COUNTY COMMISSIONERS: $
1 certify that the above report is a true and correct reflection of this grant period's
activities and services, which are allowable and directly related to this grant year.
Signature of Person Submitting Report Title
Business Telephone Date
—Form BC301-059
•
CITY OF DANIA BEACH
FIDE-FESCUE DEPARTMENT
INTER-OFFICE MEMORANDUM
TO: David Keller, Interim City Manager
FROM: Kenneth Land, Fire Chief #___
RE: Agenda Request for meeting to be held on 7/10/2001
DATE: June 28, 2001
Attached hereto is "Agreement Between Broward County and City of Dania Beach for
Grant in Aid Funding for Purchase of Semi-Automatic External Defibrillation
Equipment".
Once this agreement has been approved, the city will receive the sum of $18,800.00
which will be used to purchase AED's compatible with the LifePak defibrillators we
carry on our fire-rescue vehicles. You will note that the city is not required to match
any funds relating to this grant.
Accordingly, request is hereby made that approval of the subject agreement be
placed on the agenda for commission consideration at the regular meeting to be held
on Tuesday, July 10, 2001.
KL:clb
attachment
•
Fr Safety and Emergency Services Department
h Division of Medical Examiner and Trauma Services
Seventeenth District in and for Broward County, Florida
}� 5301 S.W.31 st Avenue
13�� COUNTY Fort Lauderdale,FL 33312
North(954)765-5190 South Broward (954)964-0200
EM Dade(305)620-0017 FAX(954)964-0212
June 21, 2001
To: Lt. Bruce Caruso
Dania Beach Fire Rescue
From: Barbara Pomeranz
Contracts/Grants Administrator
Re: Agreement for Receipt of EMS Grant Funds
AED Project
Enclosed are six documents for your city's approval and execution. Please return five
sets to me and keep one until replaced with a fully executed copy. We then place the
document on the County Commission agenda. This process takes 3 to 4 weeks. After
they approve it (usually on consent agenda) it takes about 10 days to receive the
• check.
We have not yet set any dates for the new round of grants for year 2002.
Any questions, please give me a call at 765-4199x242.
•
BROWARD COUNTY BOARD OF COUNTY COWASSIONERS-An Equal Opportunity Employer and Provider of Services
Josephus Eggelletion,Jr. Ben Graber Suzanne N.Gunzburger Kristin D.Jacobs Ilene Lieberman
Lori Nance Parrish John E.Rodstrom,Jr. Jim Scott Diana Wasserman-Rubin
World Wide Web: http:/twww.broward.org