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HomeMy WebLinkAboutR-2009-195 EMS Grant RESOLUTION NO. 2009-195 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AN EMS GRANT AWARDED BY THE STATE OF FLORIDA DEPARTMENT OF HEALTH THROUGH BROWARD COUNTY IN AN AMOUNT NOT TO EXCEED $48,360.00 FOR THE PURCHASE OF TWO ALL TERRAIN EMS PATIENT TRANSFER MEDICAL CARTS AND EQUIPMENT; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY TO RECEIVE REIMBURSEMENT FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR PURCHASES MADE UNDER THE GRANT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of Twenty-Five Thousand Dollars ($25,000.00) without competitive bids and without advertisement for bids; and WHEREAS, The City of Dania Beach has been awarded an EMS grant by the Florida Department of Health through Broward County in the total amount of$48,360.00 for the purchase of two all terrain EMS patient transfer medical carts and equipment; and WHEREAS, the grant provides for 100% of the total amount of the purchase to be reimbursed to the City by the State of Florida upon execution and delivery of all required documents; and WHEREAS, the City Manager has determined that it is advantageous for the City of Dania Beach to participate in this grant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to accept the grant for the items identified above. Section 2. That the City Manager is authorized to execute all documents required by the State of Florida Department of Health in order to receive reimbursement for all equipment purchased under the subject grant in the amount of$48,360.00. Section 3. That the Director of Finance is authorized to appropriate the budget accordingly. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on October 13, 2009. ANNE CASTRO MAYOR—COMMISSIONER ATTEST: OQo�NRD's F7gSTC'` LOUISE STILSON, CMC CITY CLERK APPROVED T FORM AND CORRECTNESS: TH S BRO CITY AT ORNEY RESOLUTION #2009-195 AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for STATE EMS COUNTY GRANT FUNDING Contract Number— 09-HSD-EMS-8162-01 RESOLUTION 42009-195 AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for STATE EMS COUNTY GRANT FUNDING This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND CITY OF CITY OF DANIA BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "SUB-GRANTEE." WHEREAS, pursuant to Section 401.101, et. seq., Florida Statutes, and Section 10D-95.001, et. seq., Florida Administrative Code, as may be amended from time to time, COUNTY is the recipient of "Emergency Medical Services (EMS) County Grant Program" funds to be used for the improvement and expansion of pre-hospital emergency medical services in Broward County; and WHEREAS, COUNTY has allocated a portion of the Fiscal Year 2009 "Emergency Medical Services County Grant Program" funds for the purpose(s) described herein and in Exhibit "D," Scope of Project, and EMS County Grant Application, DH Form 1684, June 2002), attached hereto and incorporated herein as Exhibit "C" in accordance with Section 401.291 Florida Statutes, as may be amended from time to time; and WHEREAS, COUNTY and SUB-GRANTEE desire to enter into this Agreement to provide for the implementation of the Project; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and SUB-GRANTEE agree as follows: RESOLUTION#2009-195 ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement- means this document, Articles 1 through 14, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board - The Broward County Board of County Commissioners. 1.3 Contract Administrator - The Director of the Human Services Department, or designee. The primary responsibilities of the Contract Administrator are to coordinate and communicate with SUB-GRANTEE and to manage and supervise execution and completion of the Scope of Project and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Project. 1.4 County Attorney - The chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 2.10 of the Broward County Charter. 1.5 Application — The EMS County Grant Application, DH Form 1684, June 2002 - State Department of Health County EMS Grant application as authorized by Chapter 401, Part II, F.S. to dispense grant funds (Exhibit "C"). 1.6 Project — Shall refer to the activity submitted for funding through the Application, and identified in Exhibit "D." 1.7 Duly Authorized Individual — Individual identified as the Project Leader via the EMS County Grant Application, submitted to COUNTY for funding and incorporated herein by reference through Article 14, Section 14.14. 1.8 Participating Agency — Agency (ies) that join in SUB-GRANTEE's Application for the Project and sign the "ADDENDUM TO STATE EMS COUNTY GRANT FUNDING AGREEMENT FOR PARTICIPATING AGENCY," attached hereto and incorporated herein as Exhibit "H," when applicable. ARTICLE 2 SCOPE OF PROJECT 2.1 SUB-GRANTEE shall perform the EMS grant Project described in Exhibit "D," Scope of Project, in a manner satisfactory to COUNTY, within the time period RESOLUTION 42009-195 specified in Exhibit "D-1," under Project Schedule, and within the budget proposed in Exhibit "D-2," achieving Outcomes identified in Exhibit "D-3," and Exhibit "C," EMS County Grant Application DH Form 1684, June 2002, submitted to STATE for funding and incorporated fully by reference. The location of the Project is in Broward County, Florida. 2.2 The parties agree that the Scope of Project is a description of SUB-GRANTEE's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipments, and tasks, which are such an inseparable part of the work described, that exclusion would render performance by SUB-GRANTEE impractical, illogical, or unconscionable. ARTICLE 3 TERM The term of this Agreement shall commence on the date of complete execution by both parties ("Effective Date"), and continue through September 30, 2010 ("Initial Term"). This Agreement may be extended for up to two (2) one-year periods (each individually referred to as an "Extension Period") at the sole option of COUNTY's Contract Administrator. Any such exercise of an option to extend the term of this Agreement for the respective Extension Period(s) shall be done in writing by COUNTY's Contract Administrator and furnished to SUB-GRANTEE prior to the expiration of the then current term using the notices procedures in the "NOTICES" section of this Agreement. The Initial Term and any Extension Period(s) shall be collectively referred to as "Agreement Term." If the Initial Term of this Agreement and/or any of the Extension Period of this Agreement goes beyond a single fiscal year of COUNTY, any continuation of this Agreement beyond the end of any such fiscal year shall be subject to the appropriation and availability of funds of COUNTY in accordance with Chapter 129, Florida Statutes, as amended from time to time. ARTICLE 4 FUNDING AND METHOD OF PAYMENT 4.1 COUNTY shall provide funding to SUB-GRANTEE, in an amount not to exceed Forty-eight Thousand Three Hundred Sixty Dollars ($48,360.00) ("Funds") in the manner described below to complete the Project pursuant to this Agreement: LX] to SUB-GRANTEE on a reimbursement basis. L] to the Vendor on behalf of SUB-GRANTEE. 4.2 COUNTY's obligation to disburse any of the funds to SUB-GRANTEE is predicated upon the availability and payment of funds in an equal amount provided by the State of Florida, Department of Health, Bureau of Emergency Medical Services under the Application. In the event these funds are not disbursed to COUNTY by the State of Florida, SUB-GRANTEE will be obligated RESOLUTION#2009-195 to repay any funds disbursed by COUNTY under this Agreement in compliance with COUNTY's laws, rules, and regulations. 4.3 The Director of COUNTY's Human Services Department or designee has the authority, in his/her sole discretion, to make any adjustments to: (a) the Maximum Funds allocated under this Agreement; and (b) payment schedules, if any, throughout this Agreement's Term. Such authority and discretion are to be exercised for the purpose of maximizing expenditure of COUNTY funds. Such adjustments may be triggered by underutilization by SUB-GRANTEE; availability of funds; or any other reason in furtherance of the objectives of COUNTY's Human Services Department. Such adjustments may be made in writing and signed by the Director or the Director's designee on behalf of COUNTY notifying SUB-GRANTEE in writing of such adjustments (including corresponding revisions to Exhibit "D," Scope of Services, Exhibit "D-1," Project Schedule, and to Exhibit "D-2," under Project Budget) at least ten (10) calendar days prior to its effective date. 4.4 In the event funds are to be disbursed to SUB-GRANTEE on a reimbursement basis: A. The funds shall be disbursed to SUB-GRANTEE upon SUB-GRANTEE's presentation of paid receipts relative to the Project evidencing expenses incurred by SUB-GRANTEE during the term of this Agreement. The receipts shall be detailed and include the vendor's name and address. B. All requests for payments submitted by SUB-GRANTEE shall be set forth on the Cost Reimbursement Invoice form, attached hereto as Exhibit "E." Cost Reimbursement Invoice forms shall be signed by SUB-GRANTEE's duly authorized individual. C. All payments shall be made solely in the name of SUB-GRANTEE as the official payee. SUB-GRANTEE has provided the name, address, and federal identification number of the official payee to whom the funding reimbursement should be made which is as follows: City of Dania Beach Attn: Robert Baldwin, City Manager 100 W. Dania Beach Blvd Dania Beach, FL 33004 Telephone number: 954-924-6800 SUB-GRANTEE shall provide its federal identification number on a form provided by COUNTY's Contract Administrator at the time of SUB- GRANTEE's execution of this Agreement. 4.5 In the event funds are to be disbursed to the Vendor on behalf of SUB- GRANTEE: RESOLUTION #2009-195 A. The funds shall be disbursed to the Vendor on behalf of SUB-GRANTEE upon SUB-GRANTEE's presentation of the Vendor's invoice(s) relative to the Project evidencing expenses that were expended during the term of this Agreement and that delivery of the item(s) to SUB-GRANTEE or Participating Agency, if applicable, has occurred. The invoice(s) shall be detailed and include the Vendor's name and address, product specifications, place of delivery and certification by SUB-GRANTEE or Participating Agency, if applicable, that it has received the commodity which is the subject of the Project. B. All requests for payments submitted by SUB-GRANTEE shall be set forth on the Cost Request Invoice form, attached as Exhibit "E." Cost Request Invoice forms shall be signed by a duly authorized individual of SUB- GRANTEE. 4.6 In the event SUB-GRANTEE initially elects to have payments made directly to the Vendor on behalf of SUB-GRANTEE as provided for in Section 4.1 above, SUB-GRANTEE shall have the right to notify COUNTY in writing that it desires to convert to a reimbursement contract as described above in Section 4.1 without the necessity of a formal amendment being executed. SUB-GRANTEE acknowledges that its ability to convert the method of funding is a one time election and the SUB-GRANTEE will not be permitted to convert back. This election shall be made in writing to the Contract Administrator. 4.7 SUB-GRANTEE shall use the funds solely for the purposes discussed above and as referenced in the Application (Exhibit "C") and Exhibit(s) "D," "D-1," and "D-2." SUB-GRANTEE, where Participating Agency does not take title to the property ("Property"), 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, unless SUB- GRANTEE obtains the prior written consent from COUNTY. In such event where prior written consent is granted by COUNTY, SUB-GRANTEE shall be required to refund to COUNTY any and all funds provided to SUB-GRANTEE, or Participating Agency, if applicable, 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 SUB-GRANTEE, or Participating Agency, if applicable, to transfer to COUNTY the Property purchased with funds under this Agreement in lieu of SUB-GRANTEE paying back COUNTY any funds required as provided for in this section. SUB-GRANTEE may not transfer, sell, or in any way have delivered any Property to a Participating Agency who has not fully and properly executed an Addendum to State EMS County Grant Funding for Participating Agency, as described in Section 1.8 above. 4.8 Failure of SUB-GRANTEE to provide in a timely manner any required reports or documentation as required in the Agreement (Exhibit "G," Required Reports and Submission Dates), or any misuse of funds provided, shall be deemed a breach of this Agreement and shall require SUB-GRANTEE to return all unexpended funds to COUNTY. SUB-GRANTEE shall additionally be responsible for RESOLUTION 42009-195 reimbursing COUNTY for any and all funds spent by SUB-GRANTEE in violation of this Agreement. 4.9 Ownership of any and all Property purchased by or on behalf of SUB-GRANTEE pursuant to this Agreement shall be by SUB-GRANTEE, unless otherwise described herein. SUB-GRANTEE, for Property that Participating Agency does not take title, shall be responsible for obtaining the proper insurance, licensing, permitting and for maintaining said Property. SUB-GRANTEE 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 and availability. When any Property that Participating Agency does not take title, funded by this Agreement is no longer usable, it may be sold for scrap or disposed of in the customary procedure of SUB-GRANTEE. 4.10 SUB-GRANTEE may submit proper invoices monthly. SUB-GRANTEE shall submit the final proper invoice no later than thirty (30) calendar days after the ending date of the term of this Agreement. COUNTY shall pay SUB-GRANTEE or Vendor, as applicable, within thirty (30) calendar days of receipt of the proper invoice for reimbursement or payment of expenditures, as provided for above, in accordance with COUNTY's Prompt Payment Ordinance (Sec. 1-51.6, Broward County Code, as may be amended from time to time). ARTICLE 5 MONITORING AND REQUIRED REPORTS/FINANCIAL STATEMENTS 5.1 SUB-GRANTEE 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, incorporated herein by reference. 5.2 SUB-GRANTEE 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. 5.3 SUB-GRANTEE shall file a financial report, signed by the duly authorized individual, identified as Exhibit "F," EMS County Grant Expenditure Report, no later than thirty (30) calendar days after the end of this Agreement. This report shall disclose funds expended by SUB-GRANTEE for the categories set forth in the line item budget, with copies of supporting documentation showing purposes and payments of invoices from SUB-GRANTEE's Purchasing and Accounting Departments. 5.4 SUB-GRANTEE shall assign appropriate staff as necessary to attend periodic meetings with COUNTY, as requested by COUNTY, to assess the Project status. RESOLUTION#2009-195 5.5 SUB-GRANTEE understands and agrees that monitoring reports generated periodically by designated COUNTY staff shall be considered as a factor in evaluating future funding requests from SUB-GRANTEE. 5.6 COUNTY shall have the right to audit the books, records, and accounts of SUB- GRANTEE that are related to this Project for the 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. SUB-GRANTEE shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. 5.7 Failure by SUB-GRANTEE, or Participating Agency, if applicable, to timely provide any required reports or documentation, as required by COUNTY, shall be deemed a breach of this Agreement by SUB-GRANTEE, or Participating Agency, if applicable. 5.8 The provisions of this Article 5 shall survive the expiration or earlier termination of this Agreement. ARTICLE 6 EQUAL OPPORTUNITY EMPLOYMENT COMPLIANCE 6.1 SUB-GRANTEE shall not make any decisions regarding eligibility of services based upon or in consideration of race, age, religion, color, gender, gender identity or expression, pregnancy, national origin, marital status, sexual orientation, political affiliations, physical or mental disability of other factors which cannot be lawfully or appropriately used as a basis for service delivery. 6.2 SUB-GRANTEE 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 COUNTY. 6.3 SUB-GRANTEE shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16'Y2, as may be amended from time to time) in performing any services under this Agreement. ARTICLE 7 LIABILITY SUB-GRANTEE 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 RESOLUTION#2009-195 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 SUB-GRANTEE 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 Agreement. ARTICLE 8 INSURANCE SUB-GRANTEE 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, SUB-GRANTEE 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 Agreement. Additionally, if SUB-GRANTEE elects to purchase any additional liability coverage including excess liability coverage, SUB-GRANTEE 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. RESOLUTION #2009-195 ARTICLE 9 TERMINATION OF AGREEMENT 9.1 This Agreement may be terminated for cause by action of the Board or by SUB- GRANTEE if the party in breach has not corrected the breach within thirty (30) calendar days after written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience at any time by the Director of Human Services Department upon not less than ninety (90) calendar days' prior written notice by the Director. This Agreement may also be terminated by the Director of Human Services Department upon such notice as the Director deems appropriate under the circumstances in the event the Director determines that termination is necessary to protect the public health, safety, or welfare. 9.2 In the event COUNTY terminates this Agreement for cause, which includes noncompliance with the terms and conditions of the Application, SUB-GRANTEE shall be required to repay COUNTY in full all funds disbursed to SUB-GRANTEE prior to the date of termination. Failure to comply with these terms and conditions shall result in COUNTY declaring SUB-GRANTEE ineligible for further participation in the EMS Grant Program until such time as SUB-GRANTEE complies therewith. 9.3 In the event COUNTY terminates this Agreement for convenience, any compensation paid to SUB-GRANTEE for services under this Agreement prior to the notice of termination can be retained by SUB-GRANTEE for the purposes specified herein. In the event SUB-GRANTEE terminates this Agreement for convenience, any compensation paid by COUNTY to SUB-GRANTEE under this Agreement prior to the notice of termination shall be refunded in full to COUNTY. 9.4 Notice of termination shall be provided in accordance with the ANOTICES@ section of this Agreement, except that notice of termination by COUNTY's Contract Administrator which the Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the ANOTICES@ section of this Agreement. ARTICLE 10 REPRESENTATIONS AND ACKNOWLEDGEMENTS SUB-GRANTEE acknowledges that all services provided under this Agreement, and pursuant to the Project, shall be by and through employees and agents of SUB- GRANTEE as an independent contractor, and subject to the supervision by SUB- GRANTEE 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 RESOLUTION #2009-195 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 11 NOTICES Whenever any party desire 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 SUB-GRANTEE designate the following as the respective places for given of notice, to- wit: FOR COUNTY: Susan Myers, Ed. S., Director Human Services Department 115 South Andrews Avenue, Room 433 Fort Lauderdale, Florida 33301 FOR SUB-GRANTEE: City of Dania Beach Attn: Robert Baldwin, City Manager 100 W. Dania Beach Blvd Dania Beach, FL 33004 ARTICLE 12 DESIGNATED REPRESENTATIVE COUNTY's Contract Administrator for this Agreement is the Director of COUNTY's Human Services Department or the Director's designee. The duly authorized individual of SUB-GRANTEE responsible for the administration of the Project under this Agreement, including submitting invoices to COUNTY is Benjamin Rudbeck, Fire-Rescue Division Chief, City of Dania Beach. RESOLUTION #2009-195 ARTICLE 13 FINANCIAL STATEMENTS/MANAGEMENT LETTERS 13.1 SUB-GRANTEE shall provide the Human Services Repository, Program Development, Research and Evaluation Division with a total of three (3) copies of a special report by an independent Certified Public Accountant, or by the SUB- GRANTEE's internal auditor on the elements specified in Section 13.3 below. In addition, in the event SUB-GRANTEE expends a total amount of State Financial Assistance equal to, or in excess of Five Hundred Thousand Dollars ($500,000.00) in any fiscal year of such SUB-GRANTEE, SUB-GRANTEE shall have a state single audit or project-specific audit conducted for such fis cal scal year in 9 P 1 P Y accordance with Section 215.97, Florida Statutes, as amended from time to time, applicable rules of the Executive Office of the Governor, Rules of the Comptroller, and Chapter 10.600, rules of the Auditor General, as amended from time to time. In determining the State Financial Assistance expended in its fiscal year, SUB-GRANTEE shall consider all sources of State Financial Assistance, including State Financial Assistance received from COUNTY, except that State Financial Assistance received for federal financial assistance and state matching requirements shall be excluded from consideration. In the event SUB-GRANTEE meets the requirements for compliance with the Florida Single Audit Act, as amended from time to time, SUB-GRANTEE shall also prepare the state financial reporting package containing the following: 1) Schedule of State Financial Assistance, 2) Auditor's Report, 3) management letter, 4) SUB-GRANTEE's written response or corrective action plan, 5) correspondence on follow-up of previous year's corrective action taken, and 6) such other information as may be determined by the Auditor General to be necessary and consistent with Section 215.97, Florida Statutes, as amended from time to time. The Schedule of State Financial Assistance shall state whether the State Financial Assistance shown on the schedule is presented fairly in all material respects in relation to the non-state SUB-GRANTEE's financial statements taken as a whole. SUB-GRANTEE agrees, as a condition to receiving State Financial Assistance, it shall allow the state awarding agency, the comptroller, and the Auditor General access to the independent auditor's working papers as necessary for complying with the requirements of Section 215.97, Florida Statutes, as amended from time to time. 13.2 If the special report is prepared by an independent Certified Public Accountant, it shall be in accordance with Section 623 of the Codification of Statements on auditing Standards as promulgated by the American Institute of Certified Public Accountants. If the special report is prepared by an internal auditor, it shall be in RESOLUTION#2009-195 accordance with those sections as the status of the internal auditor permits, realizing that the internal auditor may not issue the opinions required therein. 13.3 The special report shall show all revenues by source and all expenditures in accordance with this Agreement. The report shall include an opinion (finding, in the case of an internal auditor) as to whether the funds received under the applicable grant agreement with COUNTY have been expended in accordance with this Agreement. It shall specifically disclose the interest computed as earned on these funds. It shall identify the total of noncompliant expenditures and interest earned as due back to COUNTY. 13.4 SUB-GRANTEE agrees to reimburse COUNTY for any and all funds not used in compliance with this Agreement by SUB-GRANTEE. 13.5 The reporting period for the financial disclosure information described in Sections 13.1 and 13.2 above shall be SUB-GRANTEE's fiscal year. Three (3) copies of this information shall be filed with Contract Administrator within one hundred twenty (120) calendar days after the close of each of SUB-GRANTEE's fiscal years in which SUB-GRANTEE accounts for funds under this Agreement or with any other agreements that SUB-GRANTEE has with COUNTY. Copies of the State Financial Assistance reporting package required by Section 215.97, Florida Statutes, as amended from time to time, shall be submitted to the Human Services Repository, Program Development, Research and Evaluation Division, to the state awarding agency and to the State of Florida Auditor General, Room 574, Claude Pepper Building, 111 West Madison Street, Tallahassee, Florida 32302-1450. 13.6 Late submission of the special report or any other documents required herein shall result in suspension of payment under this and subsequent Agreements until the report is received and accepted by COUNTY, and shall be a factor in evaluating future funding requests. Suspension of payment shall not excuse SUB-GRANTEE from continued delivery of services, although COUNTY will not accept invoices until such report is received and accepted by COUNTY. 13.7 SUB-GRANTEE shall provide to the Human Services Repository, Program Development, Research and Evaluation Division a total of three (3) copies of any compliance audits required by law within forty-five (45) calendar days of receipt and a copy of the response within forty-five (45) calendar days of the date prepared. 13.8 SUB-GRANTEE shall provide to the Human Services Repository, Program Development, Research and Evaluation Division a total of three (3) copies of any and all management letters arising from audited financial statements within one hundred twenty days (120) calendar days of the close of SUB-GRANTEE's fiscal year. RESOLUTION #2009-195 13.9 SUB-GRANTEE shall provide to the Human Services Repository, Program Development, Research and Evaluation Division a total of three (3) copies of the schedule of corrections developed in response to said management letter(s) within forty-five (45) calendar days of development. 13.10 SUB-GRANTEE shall provide to the Human Services Repository, Program Development, Research and Evaluation Division a total of three (3) copies of any compliance audits required by law within forty-five (45) calendar days of receipt and a copy of the response within forty-five (45) calendar days of the date prepared. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1 Performance. SUB-GRANTEE represents that all persons performing the services required under this Agreement have the knowledge and skills, either by training, experience, education, or combination thereof, to adequately and competently perform the duties, obligations and services set forth in the scope of services. 14.2 Materiality and Waiver of Breach. COUNTY and SUB-GRANTEE agree that each requirement, duty, and obligation set forth 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 waiver shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. 14.3 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. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 14.4 Merger. This document incorporates and includes all prior negotiations, correspondences, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are not commitments, agreements or understandings concerning the subject matter of this Agreement that 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. RESOLUTION 42009-195 14.5 Amendments. COUNTY and SUB-GRANTEE agree that no modification, alternation 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 SUB-GRANTEE and the Board of County Commissioners (except as otherwise stated herein). However, the County Administrator for COUNTY may execute amendments containing modification(s), amendment(s), or alteration(s) to the terms and conditions of this Agreement where there is a change to Exhibit "D," Scope of Services, Exhibit "D-1," Project Schedule, Exhibit "D-2," Project Budget, and/or Article 4, "FUNDING AND METHOD OF PAYMENT," to reduce the Contract Amount, or to change Exhibit "D-3," Outcomes. Subject to the Contract Administrator obtaining the prior review and written approval of the Director of Human Services Department, the County Administrator may also execute amendments which contain other modifications, amendments or alterations to Exhibit "D," Scope of Services, Exhibit "D-1," Project Schedule, Exhibit "D-2," Project Budget, and Exhibit "D-3," Outcomes, other than those stated in this section herein and/or to any other exhibits attached to this Agreement. 14.6 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. 14.7 Audit Right and Retention of Records. COUNTY shall have the right to audit the books, records, and accounts of SUB-GRANTEE related to the Projects. SUB- GRANTEE shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. SUB-GRANTEE 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 the Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Statutes, as may be amended from time to time), if applicable, for a minimum period of five (5) years after 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 five (5) 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 SUB-GRANTEE's records, SUB-GRANTEE shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by SUB-GRANTEE. 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. RESOLUTION #2009-195 SUB-GRANTEE agrees, as a condition to receiving State Financial Assistance, as defined in the Florida Single Audit Act, to allow the state awarding agency, the comptroller, and the Auditor General access to its records as required by Section 215.97, Florida Statutes, Florida Single Audit Act, as may be amended from time to time. 14.8 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 SUB-GRANTEE 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. 14.9 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. 14.10 Priority of Provision. 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 14 of this Agreement shall prevail and be given effect. 14.11 Survival. Either party's right to monitor, evaluate, enforce, indemnify and insure, audit and review, and any assurances and items of financial responsibility shall survive the expiration or earlier termination of this Agreement. Any provision of this Agreement which contains a restriction or requirement which extends beyond the date of termination or expiration set forth herein shall survive termination or expiration of this Agreement and be enforceable. 14.12 Third Party Beneficiaries. Neither SUB-GRANTEE nor COUNTY intends to directly or substantially benefit a third party by this Agreement. Notwithstanding that exception, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or SUB- GRANTEE under this Agreement. 14.13 Assignment. Neither party to this Agreement shall assign this Agreement in whole or in part without the written consent of the other. However, this Agreement shall run to COUNTY or its successors. 14.14 Incorporation by Reference. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached exhibits and Addendum (where applicable) are incorporated into and made a part of this Agreement. RESOLUTION#2009-195 SUB-GRANTEE agrees to abide by all of the covenants and representations contained in the EMS County Grant Application submitted by SUB-GRANTEE upon which COUNTY relied and upon which this Agreement is based, and SUB- GRANTEE agrees that such covenants and representations in the EMS County Grant Application shall form, become a part of, and be incorporated by reference into this Agreement. If the EMS County Grant Application or any portion of such EMS County Grant Application conflicts with this Agreement, this Agreement shall control and govern the interpretation of any conditions and terms. 14.15. Multiple Originals. This Agreement may be fully executed in four (4) copies by all parties, each of which, bearing original signatures, shall have the force and effect or an original document. (Remainder of page intentionally left blank) RESOLUTION #2009-195 IN WITNESS WHEREOF, the parties hereto 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 County Administrator, authorized by Resolution #2008-865 to execute same by Board action on the 9th day of December, 2008, and CITY OF DANIA BEACH as SUB-GRANTEE, a municipal corporation of the State of Florida, signing by and through its City Manager duly authorized to execute same. COUNTY WITNESSES: BROWARD COUNTY, through its County Administrator By Signature Bertha Henry 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 PATRICE M. EICHEN Division Assistant County Attorney (Date) By Authorized Signature (Date) Name/Title of Authorized Signature RESOLUTION#2009-195 AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR STATE EMS COUNTY GRANT FUNDING SUB-GRANTEE ATTEST: City of Dania Beach By: By: Louise Stilson, CMC, City Clerk Robert Baldwin, City Manager day of October, 2009. APPROVED AS TO LEGAL SUFFICIENCY: By: Thomas J. Ansbro, City Attorney RESOLUTION #2009-195 EXHIBIT "A" AUTHORIZED INVOICE SIGNATORS NOT- APPLICABLE FOR GOVERNMENTAL ENTITIES RESOLUTION #2009-195 EXHIBIT "B" CERTIFICATION OF EMPOWERMENT NOT-APPLICABLE FOR GOVERNMENTAL ENTITIES RESOLUTION #2009-195 EXHIBIT "C" EMS County Grant Application, DH Form 1684, June 2002 RESOLUTION #2009-195 EXHIBIT "D" SCOPE OF PROJECT SUB-GRANTEE Name: City of Dania Beach Project Name: Medical Carts Division: Human Services Department Contract# 09-HSD-EMS-8162-01 I. Scope of Project: The Project Leader will purchase two (2) all terrain EMS Cart vehicles complete with custom chassis modification, emergency warning systems, patient stretcher, graphics, canvas/plastic side covers and vehicle transport trailer for the purpose of transporting Fire-Rescue paramedics and patients out of austere environments. SUB-GRANTEE will be reimbursed for line items and in the amounts reflected in Exhibit "D-2," Project Budget. SUB-GRANTEE is required to submit Exhibit "F," Department of Health EMS Grant Program Expenditure Report disclosing funds expended for the categories set forth in the line item budget, with copies of supporting documentation showing purposes and payments of invoices with SUB-GRANTEE's Final Request for Reimbursement prior to County's obligation to remit payment of SUB-GRANTEE's invoice. 11. Amount for Term of Agreement: $48,360.00 III. Outcomes/Indicators Outcomes and Indicators are attached as Exhibit "D-3" IV. Other Requirements —N/A EXHIBIT "DA" PROJECT SCHEDULE Complete the purchase of two (2) all terrain EMS Cart vehicles complete with custom chassis modification, emergency warning systems, patient stretcher, graphics, canvas/plastic side covers and vehicle transport trailer by September 30, 2010. RESOLUTION#2009-195 EXHIBIT "D-2" PROJECT BUDGET (DH Form 1684, Rev.June 2002) 5. Budget: Complete a budget page(s) for each organization to which you shall provide funds. List the organization(s) below. (Use additional pages if necessary) City of Dania Beach Purchase two (2) all terrain EMS Cart vehicle complete with custom chassis modification, emergency warning systems, patient stretcher, graphics, canvas/plastic side covers and vehicle transport trailer. Project Budget $48,360.00 A. Salaries and Benefits: For each position title,provide the amount of salary per hour,FICA per hour,other fringe benefits, and the total number of hours. Amount TOTAL Salaries N/A TOTAL FICA Grand total Salaries and FICA B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature excluding expenditures classified as operating capital outlay see next cate o . List the item and, if applicable, the quantity Amount Two (2) 4WD all terrain EMS Cart vehicle ($8,999.00 each) $17,998.00 Custom Chassis Modification (2 @ $7055.00 each) $14,110.00 Medical Stretchers (2 @ $4,464.00 each) $ 9,292.00 Canvas/plastic side Covers (2 @ $450.00 each) $ 900.00 Graphics (2 @ $195.00 each) $ 390.00 One (1) Vehicle Transport Trailer $ 1,800.00 TOTAL $48,360.00 C. Vehicles, Equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non consumable and non expendable nature with a normal expected life of one 1 year or more. List the item and, if applicable, the quantity Amount N/A TOTAL $ Grand Total $48,360.00 DH Form 1684, Rev. June 2002 RESOLUTION#2009-195 0 k 0 k 05 0 > e k ) ) ) � S \ / j IL 2 = £ 0oc -0 ^ � _ Z _ ] ) - ` g2I � aJE , g -a) CM 2= 0C2 ) a > _ . ■ � � � _ _ � mm = § C 0 � £ ° z555 ` � � \oaf § § ± % ° ) 2 § m 0I £ ) e- o § § � $ § ] / w0a) t5 § � j kk / g7 & m 0 ° � - 3: o0 0 k ° 0S § 7 m = M (D ( e /5 § } f 0 0 ) § « 002) > � 0 k § E > E a)tm, 0 � CL o 2 ca 0 0 Q)E"— � § ƒ ` ° ° 0 7E ° ' 0 - m 04 k / k 3 $ > @a ; > / 3 C 2 - v . C � k z ) _ _ 0 LU C i CU0 2 ct@R ± T ) ) ea o @CL $ cn } \ � � \ o E 2 § % = t 2C%j k a ) - C \ f \ ° f t \ f ® ) W cc 4) f k ) & j c § \ � § \ § 2 ) � \ kw ao z CLC g k § 22 Of © § § 2c �§ k r kf / $ as ) E � . wLU $ f w > � 2 § @ .0 ui - - ' ° ° ° ■ E E > 0Lo \ � R222 � . z a / EAR 2 e b & 0Z 0 � z > § O £ § e " cR: £ / § § wz > _ � �� & f2 © 22 wU) § ° § _ $ > & k § § k ] > u0 0 § m 2 [ k § ) / ) � uCLM CM Lu E � a 2w t / \ ) ) 0 0 0 § o \ § 0 o02 G § N / / ° a E 22 � § k � '0 m k @k Lu� �> � 2o § tU) ' E L in � §; z § z 0m /I C 2 ` = w � . u ® . § « 8 - � 0 0 ® �� J0 7 z (n m •• § E - S % o ■ E . wE . o , > < LUuco \ § ) k � ) \ � « z § a / z2 _ § L § ■ g >- ■ g J � 2 � ca 0E « a § a 82 @k § kk § ) \ /k .c k K C \ LL ƒ { ) o a \ k ¥ o o ¥ U. o o EXHIBIT "F" DEPARTMENT OF HEALTH EMS GRANT PROGRAM EXPENDITURE REPORT Name of Grantee: Broward County Grant ID Code: Time Period Covered: / / to Project Title: Automated External Defibrillator (AED) Major Line Items Approved Budget Expenditure by Major Line Item(s) TOTAL BUDGETED EXPENDITURES $ Actual Expenditures to Date by Major Line Item(s) BALANCE (Budgeted Less Actual Expenses) $ Include with the progress notes an explanation of how project personnel, equipment and any problems or barriers may have an impact on the grant process. RESOLUTION #2009-195 EXHIBIT "G" REQUIRED REPORTS AND SUBMISSION DATE(S) Description of Report(s) Required Submission Date(s) 1. Cost Reimbursement Invoice Submitted to Contract Administrator as project or portion of project is completed and paid - two (2) copies 2. Paid Invoice Submitted with Cost Reimbursement Invoice - Two (2) copies 3. Copy of Purchase Order Submit to Contract Administrator when purchase is initiated (as applicable), submitted with Cost Reimbursement Invoice 4. Final Inspection Report Submit to Contract Administrator with final request for payment or as available when project is complete (as applicable) 5. Outcome Report Submit to Contract Administrator with final request for payment or as available when project is complete (as applicable) 6. Current Certificate of Insurance Due with signed Agreement - three (3) copies 7. EMS Grant Expenditure Report Submit to Contract Administrator within the 30 days of project's completion. RESOLUTION#2009-I95