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Home My WebLink AboutR-2010-089 EMS Grant Therapeutic Hypothermia Cases RESOLUTION NO. 2010-089 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AT NO COST, AS A PARTICIPATING AGENCY OF STATE EMS COUNTY GRANT FUNDING, THERAPEUTIC HYPOTHERMIA CASES TO BE DISTRIBUTED TO THE CITY OF DANIA BEACH THROUGH THE CITY OF TAMARAC, FLORIDA, AS LEAD AGENCY FOR A STATE EMS GRANT; AUTHORIZING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO RECEIVE THE DEVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, Florida, as sub-grantee of the State EMS Grant, executed an Agreement between Broward County and City of Tamarac for State EMS County Grant Funding, and the City of Tamarac accepted all financial obligations relating to costs and reimbursements associated with the grant; and WHEREAS, twenty (20) cities in Broward County, including the City of Dania Beach, were afforded the opportunity to participate as recipients of therapeutic hypothermia cases at no cost to the City; and WHEREAS, the City of Dania Beach has received notice that it has qualified as a recipient of the equipment at no cost to the City; 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 execute an Addendum to the State EMS County Grant for funding as a participating agency, and any and all documents required by State or County agencies in order to receive the therapeutic hypothermia cases to be distributed under the grant identified above. Section 2. That as a "participating agency", the City of Dania Beach will incur no financial responsibility by accepting delivery of therapeutic hypothermia cases and any related training. Section 3. That the City of Dania Beach Fire Department shall obtain and forward acquisition documents of all equipment received by it to the City's Finance Department to enable recording of the equipment on the City's asset records. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 June 8, 2010. t.k. Mc LYEA �Aao'S FIRsr i> YOR—COMMISSIONER ATTEST: 1 0Qo LOUISE STILSON, CMC CITY CLERK ��aaaRA�o APPROVED AS TO O ND CORRECTNESS: r ' THOMA$ J. A BRCV CITY ATTORNEY 2 RESOLUTION#2010-089 EXHIBIT "H" ADDENDUM TO STATE EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY The undersigned PARTICIPATING AGENCY has entered into this ADDENDUM TO STATE EMS COUNTY GRANT FUNDING AGREEMENT CAddendurd) and acknowledges that it has joined in with SUB-GRANTEE, CITY OF TAMARAC, on one (1) Project Application for Therapeutic Hypothermia Induction Case—ALS Transport as part of the State EMS County Grant Funding. PARTICIPATING AGENCY acknowledges that, in order to be included as a PARTICIPATING AGENCY under the agreement between COUNTY and SUB-GRANTEE for State EMS County Grant Funding (Agreement), it agrees to the following terms and conditions: 1. PROPERTY COVENANTS 1.1 PARTICIPATING AGENCY shall not sell or otherwise dispose of Property acquired with respect to the Project prior to the end of the useful life of said Property. PARTICIPATING AGENCY may elect to sell or dispose of the Property prior to the end of its useful life only with the prior written consent of COUNTY; however, PARTICIPATING AGENCY shall be required to refund to COUNTY any and all funds provided on behalf of PARTICIPATING AGENCY for the purposes discussed herein prior to such sale or other disposition of the Property. COUNTY has the right but not the obligation to require PARTICIPATING AGENCY to transfer to COUNTY the equipment purchased with funds under the Agreement in lieu of PARTICIPATING AGENCY paying back COUNTY any funds required as provided for in this section. 1.2 Ownership of any and all equipment purchased on behalf of PARTICIPATING AGENCY pursuant to the Agreement shall be by PARTICIPATING AGENCY, unless otherwise described herein. PARTICIPATING AGENCY shall be responsible for obtaining the proper insurance, licensing, permitting and for maintaining said equipment. PARTICIPATING AGENCY shall maintain and operate the Property through the useful life of some and make it available for loan to other fire rescue agencies upon request. When any equipment funded by the Agreement is no longer usable, it may be sold for scrap or disposed of in the customary procedure of PARTICIPATING AGENCY. 2. MONITORING AND REQUIRED REPORTS/FINANCIAL STATEMENTS 2.1 PARTICIPATING AGENCY is subject to and shall comply with any and all requirements contained in State law, and in the agreement between the State and COUNTY regarding these EMS Grant funds, including the terms and conditions of the Application for funding, incorporated herein by reference. Dania Beach 1 FY2009 Tamarac 10-0METS-8271-01(14)(15) EXHIBIT "H" ADDENDUM TO STATE EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY 2.2 PARTICIPATING AGENCY shall, to the extent permitted by law, maintain and make available within ten (10) calendar days of the request for inspection and audit by COUNTY officials, all books, reports, documentation and records of any kind of nature required by COUNTY or the State of Florida regarding this Project for the useful life of any property acquired with respect to the Project, including program activities, pursuant to time frames set out by COUNTY or the State of Florida. 2.3 PARTICIPATING AGENCY shall assign appropriate staff as necessary to attend periodic meetings with COUNTY, as requested by COUNTY, to assess the Projects status. 2.4 PARTICIPATING AGENCY understands and agrees that monitoring reports generated periodically by designated COUNTY staff shall be considered as a factor in evaluating future funding requests from PARTICIPATING AGENCY. 2.5 COUNTY shall have the right to audit the books, records, and accounts of PARTICIPATING AGENCY that are related to this Project for a period of six (6) years from the conclusion of the State of Florida audit period as defined by the State during which the Project occurred, for any property acquired with respect to the Project. PARTICIPATING AGENCY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. 2.6 Failure by PARTICIPATING AGENCY to timely provide any required reports or documentation, as required by COUNTY, shall be deemed a breach of this Addendum by PARTICIPATING AGENCY. 2.7 PARTICIPATING AGENCY agrees this Addendum is effective on the date of execution by COUNTY and shall be subject to the termination provisions set forth in Article 9 of the Agreement. 2.8 The provisions of this Section 2 shall survive the expiration or earlier termination of this Addendum. 3. LIABILITY PARTICIPATING AGENCY is a state agency, public body politic or political subdivision of the State of Florida, as defined in Chapter 768.28, Florida Statutes, as amended from time to time, and agrees to be fully responsible for its acts of negligence, or its agente acts of negligence when acting within the scope of their employment or agency, and agrees to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by any PARTICIPATING AGENCY to which sovereign immunity may be applicable. Nothing herein shall be construed as Dania Beach 2 FY2009 Tamarac 10-0METS-8271-01(14)(15) EXHIBIT "H" ADDENDUM TO STATE EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or under this Addendum. 4. INSURANCE PARTICIPATING AGENCY is a state agency, public body politic or political subdivision of the State of Florida, as defined by Section 768.28,Florida Statutes, as amended from time to time. PARTICIPATING AGENCY shall furnish to the Office of Medical Examiner and Trauma Services, Trauma and EMS Section a total of three (3). copies of written verification of liability protection in accordance with Section 768.28, Florida Statutes, as amended from time to time, prior to final execution of this Addendum. Additionally, if PARTICIPATING AGENCY elects to purchase any additional liability coverage including excess liability coverage, PARTICIPATING AGENCY agrees that the Broward County Board of County Commissioners will be listed as the certificate holder and included as an additional named insured on the certificate. 5. INCORPORATION BY REFERENCE PARTICIPATING AGENCY agrees to abide by all of the terms and conditions contained in Article 14 and Exhibit "D," Scope of Project, Exhibit "D-1," Project Schedule, Exhibit 1 -2, Budget" and Outcomes identified in Exhibit 13-3, of the Agreement. PARTICIPATING AGENCY agrees that such terms and conditions in the Agreement shall become a part of, and be incorporated by reference into this Addendum. 6. MULTIPLE ORIGINALS This Addendum may be fully executed in three (3)or more copies by all parties, each of which, bearing original signatures, shall have the force and effect or an original document. Dania Beach 3 FY2009 Tamarac 10-0METS-8271-01(14)(15) EXHIBIT "H" ADDENDUM TO STATE EMS COUNTY GRANT FUNDING FOR PARTICIPATING AGENCY IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum to State EMS County Grant Funding for Participating Agency on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through Its County Administrator, authorized to execute same by Board action on the 8th day of December, 2009 and as PARTICIPATING AGENCY, CITY OF DANIA BEACH, a municipal corporation of the State of Florida, signing by and through its Mayor, duly authorized to execute same. COUNTY WITMESSES: BROWARD COUNTY, through its County Administrator By Signature Bertha Henry County Administrator PrintfType 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 PATRICE M. EICHEN (Date) Risk Management Division Assistant County Attorney By Authorized Signature (Date) Dania Beach 4 FY2009 Tamarac 10-0METS-8271-01(14)(15) EXHIBIT "H" ADDENDUM TO STATE EMS COUNTY GRANT FUNDING FOR.PARTICIPATING AGENCY PARTICIPATING AGENCY WITNESSES: CITY OF DANIA BEACH Signature (Authorized Signator) Robert Baldwin, City Manager Print name (Type or Print Name of Signator) Signature Print name day of , 20 Approved As to Legal Form: Louise stilson, CmC City Attorney City Clerk Thomas J. Ansbro Dania Beach 5 FY2009 Tamarac 10-OMETS-8271-01(14)(15)