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III(D) Approval And Authorization For Mayor And City Clerk To Execute Interlocal Agreement With Orange County For 1998-99 Grant For Medcom Radios Agenda 11-07-2000 Item III D OCOEE FIRE DEPARTMENT 125 N BLUFORD AVE OCOEE, FL 34761 RON STROSNIDER BUSINESS 407-656-7796 FIRE CHIEF FAX 407-656-1222 TO: Honorable Mayor and Board of City Commissioners FROM: Ron Strosnider, Fire Chief Q4" DATE: November 7 2000 STAFF REPORT ISSUE: INTERLOCAL AGREEMENT WITH ORANGE CO. FOR MEDCOM RADIOS. We received two Medcom Radios from Orange Co. Department of Emergency Medical Services as part of the 1998-99 Orange Co. EMS Grant Awards Program. The radios were placed in Rescue 1 and Squad 1. These radios allow us to have direct contact with the Medical Directors, Hospital's, and all other agencies on a separate radio system. The Fire Department agrees to the conditions set forth and, would request that the Mayor and City Commissioners execute the attached Interlocal Agreement. Ott. EMERGENCY MEDICAL SERVICES INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY, FLORIDA AND OCOEE, FLORIDA THIS EMERGENCY MEDICAL SERVICES INTERLOCAL AGREEMENT is entered into this day•of , 2000, by and between Orange County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY," and the City of Ocoee, hereinafter referred to as the "OWNER. WHEREAS, under Section 401.113(2), Florida Statutes, the Department of Health: Bureau of Emergency Medical Services, hereinafter referred to as the "DEPARTMENT" shall annually dispense funds contained in the Emergency Medical Services Trust Fund; and WHEREAS, the COUNTY has applied for its proportion of funds from said Trust Fund; and - WHEREAS, Section .401.113(2)(a), Florida Statutes (hereinafter the "Statute"), provides that an individual Board of County Commissioners may distribute funds received under the Statute to licensed Emergency Medical Service Providers within the County as designated by the Emergency Medical Service (EMS) grant award; and WHEREAS, Such grant money shall be used solely to improve and expand pre-hospital emergency medical services and will not be used to ' supplant or replace any other funds; and WHEREAS, the Board of County Commissioners of Orange County, Florida, has agreed to purchase and distribute equipment and/or services or both, pursuant to grant awards C9848, C9948 to the City of Ocoee, (OWNER). NOW, THEREFORE, the parties hereto agree as follows: 1. OWNER agrees, warrants and covenants as follows. . a To use the facilities, vehicles, and equipment purchased under the grant award, solely for EMS throughout their useful life. Failure to use the facilities, vehicles and equipment for EMS will result in termination of this Agreement, items being returned to the COUNTY and further restrictions on future allocations: b. To accept full title to all designated equipment purchased with EMS grant funds. An Equipment Release Form will be provided at the time of distribution (Attached as Exhibit "A "). c. To clearly document the assignment of equipment and usage and provide such documentation to the COUNTY within thirty (30) days of the assignment. d. To be responsible for properly insuring, licensing and maintaining equipment purchased with county EMS grant funds for the useful life of the equipment. e. To notify the COUNTY upon the loss, destruction, or theft of the equipment. f To not sell, lease, rent, lend, encumber or dispose of said equipment without the written permission from the COUNTY. g. To provide access to all such information, reports and documents as may be required for the COUNTY to monitor the grant. h. To comply with all terms and conditions imposed on the COUNTY as "original owner" of the equipment. A copy of the grant requirements is attached as Exhibit "B" and incorporated herein. i. That OWNER is duly authorized by law to provide pre-hospital emergency medical services and shall maintain all licenses and approvals required by any law, rule or regulation of the State of Florida required for the rendering of pre-hospital emergency medical services. j. That the COUNTY's sole responsibility is to distribute the designated equipment and/or services or both, pursuant to the grant award. k. That the undersigned possesses the authority to legally execute and bind OWNER to the terms of this Agreement. 2. COUNTY agrees, covenants and warrants: a. To comply with all terms and conditions as "Grantee" of the grant award. b. To purchase and distribute the designated EMS equipment and/or services or both to OWNER. c. To transfer title of the designated equipment to OWNER at • time of distribution. • 3. This Agreement may be terminated upon the OWNER returning all equipment purchased with EMS grant funds to the COUNTY. IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed by their undersigned officials as duly authorized. Orange County, Florida By: Board of County Commissioners By: Mel Martinez Orange County Chairman Attest: Martha Haynie, Comptroller As Clerk to the Board of County Commissioners By: Deputy Clerk Approved: - City of Ocoee, Florida By: S. Scott Vandergrift, Mayor Attest: By: Jean Grafton, City Clerk For use and reliance only by the City of Approved by.the Ocoee City Ocoee,Florida Commission at a meeting held on Approved as to Form and Legality ,2000 this day of ,2000 Under Agenda Item# Foley & Lardner By: City Attorney EXHIBIT "A" Orange County Emergency Medical Services Grant Award Program The following radios (equipment) were purchased for Ocoee Fire Department 1999-98 Grant Year Agency Serial Number Unit Installed ORA SYS ID# SEM SYS ID# Ocoee FD 623AZQ1002 R-1 N/A ON UHF N/A ON UHF Ocoee FD 623AZQ1003 SQ-1 N/A ON UHF N/A ON UHF 9/7/00 . . • .. • b. Abuse. Neglect and Exploitation •£.SIT "B" Reporting -- ' -' - In compliance with Chapter 415. F.S. , an 1. The grantee hereby agrees to: (a) employee of the grantee who knows, or has improve the existing quality of prehospital reasonable cause to suspect, that a child. EMS activities, services, or to decrease aged person-or disabled adult is or has been patient mortality and morbidity: and (b) to abused, neglected, or exploited, shall expand the extent, size •or number. of immediately report such knowledge or existing prehospital EMS activities or - suspicion to the central abuse registry and services. The activities and services to be tracking system of the department on the provided are described in the EMS county single statewide toll-free telephone number grant application and . its department (1-800-9648USE). approved revisions on file .in the state of EMS county grants are subject to the . Florida. -Department ..-of Health _and - availability *of funds. The department's - Rehabi 1 i tati ve Services, • Office ,.of... EMS. performance and obligation to pay under this Tallahassee, 'Florida. - - • • grant is contingent upon a sufficient annual - 2. prehospital ENS activities will be appropriation by the Florida Legislature. rendered by the grantee in a manner . 8. : The :grantee is not restricted to consistent with Chapter -401, - --Florida staying . within the line item .amounts ' Statutes, Chapter 10D-66 Florida reflected in the. approved budget. However. Administrative Code and the work plan in the the grantee must stay within the approved grantee's EMS county grant application and total grant budget and not exceed any its department approved revisions on file in budgeted .individual salary . more • than _ 10 the state's Health Office. Emergency.Medical-.. percent. - - - Services. _ -3 °,_..The ;:grantee agrees to. implement 9• .Travel .and per diem expenses, shall :be . provisions' of. this grant -in accordance with in compliance with section.112.061, F.S. federal. * state, and local laws, and rules, 10. ?The grantee shall be responsible 'for`_=': regulations. -.and policies. • any amount reflected in the approved budget.::: :: 4. ; : The grantee ensures that ENS -county which is in excess of the grant award.:.:_The grant funds will not be used to supplant or. grantee . -shall be responsible for;,::a l 1_a-, - replace any other funds. The EMS 'county expenses and cost which occur before and grant funds will not be used for any state after the grant begins or ends.- - EMS matching grant requirements. . 11. The department shall provide the • 5. The grantee shall not use or disclose grantee HRS logos and decals. The grantee, any •information . concerning .a recipient of . shall affix, : in a prominent location. -.the orehosp i to 1 activities under this grant for . NRS logos and -deca 1 s to all, items purchased any purpose not 'in conformity .with state : as part of -the approved budget .line items regulations and federal regulations :'(45CFR, designated by the •department .as 'requiring Part 205.50) except upon written consent of them.the recipient or his responsible parent or 12. All computer equipment (hardware and guardian when authorized by. law. - .:- ; software) must be compatible with the state 5. Incident Reporting:. Office of.EMS computer systems. Costs for • . computer ..equipment and activities which are . a. Client Risk Prevention • ' not compatible with the state Office of £16 • computer system shall be disallowed. - For If services to clients will be .provided technical assistance to determine system under this grant the provider • and any compatibill ty, contact: subcontractors shall, in accordance with the . :lient risk prevention system, report those • -. • reportable situations listed -in HRSR 215-6. - . . paragraph ' 5. in the -manner prescribed -in - - . •- KRSR 215-6 or district operating procedures. • • . 20 funding requirements. Any disallowed county 3. The grantee agrees to use • the grant expenditure shall be returned to the . buildings, vehicles, and equipment purchased. EMS county grant account maintained by the .under this grant, solely for ENS throughout grantee within 45 days after the issuance of their useful life, or the grantee must the department's notice of determination. return to the department funds equi va l ent to The cost of the disallowed item(s) shall be the remaining value of the buildings, the responsibility of the county. vehicles and equipment 4. All county grants are made in accordance with section 401.113(2)(a). F.S. . . and shall be made through an EMS Notice of • Grant Award. The Notice of Grant Award and • - Appendix D of this booklet contain by The grantee shall obtain written approval - reference all regulations, rules, and other from the department's EMS grant officer :on conditions • governing this -••grant. '- The the EMS County Grant Change Request document department agrees to request -advance .(Appendix B) in this booklet prior to any of distribution (payment) of the grant -amount .the following changes to the grant budget: when the Notice of Grant Award is sent .to the grantee. 'This payment is usually sent 1. Introducing a new line item in the to the grantee by the Department of Banking approved budget. - - . . and Finance. Office of the Canptroller. 2 Increasing any budgeted individual after the notice of award is mailed. salary more than 10.percent. - _ 5. Any payments due the grantee under 3. Introducing a. - sub-grantee . . or -, the terms of this grant may •be withheld contractor relationship where none .is.v-. until. al7 special and financial reports due . specifically " identified '.`in the :.approved.:.;:. fran .the grantee, and necessary ..adjustment budget. - . ' . . . ' • • . . - thereto, • have been approved .. by ..::the . .. :..z - • department. . .. - ' .. • 6. All-terms. conditions, and provisions. . . of this.grant and other applicable documents--:- • . . . in this :booklet are 'hereby reaffirmed. • • • : Acceptance of the grant terms and conditions .,-, The grantee shall send to the department one.: is acknowledged by the grantee when funds - original and one copy of each required • are drawn or otherwise _obtained from - the report as follows: . grant payment system. • 1. The Expenditure Report (Appendix C) 7. All EMS county grant funds shall be . indicates • all agreed upon budget :: deposited by the grantee .in an account expenditures. The required deadlines :for.. maintained by the grantee, .and shall be providing the department with Expenditure assigned unique accounting code designator .Reports cover. a six, nine and twelve month for all .grant deposits and disbursements .or • •. period of activities (final report). --,The - expenditures thereof. A11 EMS county grant • exactdates 'reports are due -appear in ..the funds •in the account maintained by .the - department's Notice of Grant Award. - . grantee� shall be accounted for-;.separately 2 . The Program Activity -Report..is due - from all other grantee funds. - :-: - within .45 days of the end of the grant time 8. • All EMS county 'grant funds :shall . be period._ It must contain a written summary used solely for prehospital activities as - - indicating the degree to which the -.EMS outlined in the attachments to the Notice of system was improved and expanded through Grant Award. Any unused ENS county grant this grant as follows: • . funds remaining in the assigned .grantee • a. Communications Equipment and Systems . account at the end of. the grant period. - including accrued " interest. . -:shall. ' 'be If the county grant includes communications reported to the department, remain in the . equipment and systems. the grantee agrees to . _ grantee's account and shall _be applied submit a brief one ;page report to the toward the next year's EMS county grant department 'describing the improvement and • . .. 22 ansion brought about by the purchase of If the county grant involves system nications activities. services. and evaluation/quality .assurance, the grantee !Uipment purchased with grant funds and agrees to submit a brief one page report eotified in the grantee's original describing the improvement and expansion lication. brought about by any quality assurance or evaluation activities conducted with grant Emergency Transport Veh i c 1 es funds. If the county grant includes the purchase. Program Activity and Expenditure reports licensing, basic life support (BLS) or will be used to ensure adequate monitoring and auditing of the grantee. These reports advanced life support (ALS) permitting of an s or the must be submitted within the time frame emergency transport vehicle, refurbishing of an existing BLS or ALS specified. The grantee, his sub-grantees) permitted emergency transport vehicle, the or contractor(s), and assignees) shall grantee agrees to provide the department the provide access to and furnish whatever following information about vehicles information is necessary for the department • purchased with grant funds: number of to monitor this grant including access to all - i emergency and nonemergency responses: total client records. mileage accrued: number of days in service: • number of days out of service: mean response • . • time (measured from the time an EMS • � - ' dispatcher • is notified until the crew _ arrives on scene) for emergency calls. _ _ 1RFO.TT STATEMENT 1 c. Medical/Rescue Equipment - The grantee ensures that where activities If the .county grant includes purchase and supported .by this grant produce :original _:.`- - use of any or all equipment which meets' T writing, . , sound recording, • ppictorial . standards in Chapter 10D-66. .F.A.C. , or is � reproductions. : drawings, or other ' graphic:.: approved by the provider's medical director, representations and works of any •similar .T the grantee agrees to provide the department nature, notices, informational pamphlets, the following information about equipment - ; press.releases, advertisements, descriptions purchased with grant funds: the number of ' of.the sponsorship of the program. ;research individual_ instances where defibrillators reports, and similar pub'l is notices prepared and._power_rescue too l s were used. ' and released .by the provider, sha l l i nc l ude'.: . d. Public Education • the statement: -r --. • "Sponsored by _ If the •county grant includes , public Grantee Organization . . ;: .. i education activities or services, the and the state of Florida. Department ',of grantee agrees to provide the department the Health and Rehabilitative Services. - Office - following _ information about activities or of Emergency Medical -Services. • If: .the:._,: services conducted with grant funds: - • the . sponsorship reference is in written . number of -participants and , number , of -material, the words "state of Florida. . participants who successfully completed the . Department .- of Health and Rehabilitative training course. Services. - Office ' of Emergency Medical . Services shall appear .in . the same size . e. continuing Professional Education letters or. type as the name of the grantee's -• - . organization. If .the county grant involves continuing professional education activities or One copy of any such materials will be sent services, the grantee agrees to provide the - to the department. department the following information about COPYRIGHTS activities or services conducted-with grant - funds: type of training conducted: number The grantee ensures that where activities of . . participants: and the number of supported by this grant produce original individuals successfully completing any writing. sound recordings, pictorial training course. reproductions, drawings or other graphic f.. System Evaluation/Quality Assurance representation. and works of any similar nature, the department has the right to use,'- ' i 23 -duplicate and disclose such materials in in programs or activities receiving or whole or in part, in any manner, for any benefiting from federal financial purpose whatsoever and to have others acting assistance. • on behalf of the department to do so. If • 5. Section 654 of the Omnibus Budget the materials so developed are subject to Reconciliation Act of 1981. as amended, 42 copyright, trademark. or patent, legal title U.S.C. 9849, which prohibits discrimination and every right. interest, claim, or demand on the basis of race, creed, color, national of any kind in and to any patent, trademark origin, sex. handicap. political affiliation or copyright, or application for the same, or beliefs. will vest in the state of Florida, Department of State, for the exclusive use 6 The Americans with Disabilities Act and benefit of the state. Pursuant to section 286.021. F.S. . no person. fine or of 1990, P.L. 101-336. which prohibits corporation. including parties to this discrimination on the. basis of disability grant. shall be entitled to use - the and requires reasonable accommodation for copyright, patent or trademark without the persons with disabilities. . . prior written consent of the Department of . . . . State. . - . . . 7. -. U.S. ',Department • of Health and Human • - - - Services Regulations for Protection of Human CIVIL RIGHTS CERTIFICATION • Subjects (45 CFR, as amended) regarding..the protection of human research subjects: The grantee ordinarily gives this assurance in consideration of and for the purpose of 8. '_.A11 regulations, ' guidelines: and. obtaining federal grants. loans, contracts standards . as are . now or may be lawfully . . (except contracts of insurance or .guaranty). adopted under. the.above statutes. ^ -. :. property, discounts. . or ' other..:- federa 1 f - financial assistance to programs or The grantee agrees that camel iance.with. thisr_: activities receiving or benefiting from assurance constitutes -a ..` condition •^:ofxt: .,_.' federal financial assistance. • continued receipt of, or benefit fromtate,j _ . EMS funds, and that :it rs binding:upon7the iL No federal funds are provided by this state grantee, successors,`:: ::transfers,-°.s.& and grant program, but compliance with civil assignees for the period -during .which ;such rights legislation is required. The grantee assistance is provided. The grantee .further, ;-: -'- assures that it will comply with: • • ensures ' that • : all contractors, subcontractors, sub-grantees, or others with..: ;:. -. 1. - • Title VI of the Civil Rights Act of whom it arranges ' to provide ' services ' or_ 1964, as amended, 42 U.S.C. 2000d et seq., benefits to participants or employees in which prohibits discrimination on the basis - connection with any of its _programs .and--, of race, color, or national origin in activities are not discriminating against . programs and activities receiving ' or those participants or employees in violation benefiting from • federal financial of the preceding statutes, regulations, assistance. guidelines, and standards. In the event of 2. Section 504 of the Rehabilitative Actfailure to comply, the grantee understands of 1973: as' amended. ' 29 U.S.C. 794. which. ' that -the department mdy.' at its discretion. prohibits discrimination on the basis of seek a court order requiring compliance with ies the terms of this "assurance or seek other handicap in programs and 'activit appropriate ' receiving or benefiting from . federal eadministrative . judicial 'or financial assistance. . - relief, to include - assistance - being terminatedand ' further assistance being 3. :. Title XI of the Education Amendments . denied. ._ . . • i. of 1972. as amended. 20 U.S.C. 1681 et seq. ; : . which prohibits discrimination on the basis FINANCIAL AND OTHER DOCUMFNTS - of sex in education programs and activities The grantee shall ensure that any financial receiving or benefiting • from federal working papers or other official documents financial assistance. related to this project are made available • • 4. The Age Discrimination Act of 1975, • to the department or' its designee upon as amended, 42 U.S.C. 6101 et seq., -which , request.--for a period of five years from the prohibits discrimination on the basis of age : ending date of the grant. : . 24 AUDIT REOUIRFMFNT report(s) in accordance with the rules of • the Audit General. chapter 10.600, and • • Part I: Single Audit indicate on the schedule of financial assistance which contracts are funded from This part is applicable if the provider is a state grants and aids appropriations. local government entity or nonprofit organization and receives a total of $25,000 Copies of the financial and compliance audit or more from the department during its - report. management letter, and all other fiscal year. The provider has "received" correspondence. if any, related to audits funds when it has obtained cash from the performed by independent auditors, other department or when it has incurred expenses ' than the Auditor General. shall. be submitted which will be reimbursed by the department. within 120 days after the end of the • provider's fiscal . year, unless otherwise The provider agrees to have an . .annual required by Florida Statutes, to the financial and camp 1 i once audit performed by following: • - independent auditors in accordance with the • current government Auditing Standards A. . Office:, of, Audit and Control ("Yellow Book') issued by the • Ccmptroller Services: 1317 Winewood Boulevard. Building • General of the United States. Local 5. Room 116: Tallahassee, Florida 32399- governments shall comply with Office of- 0700 . i Management and Budget (OMB) Circular A-128. : Audits of State and Local Government. B. Contract Manager for the i Nonprofit providers receiving federal funds department • . passed through the department shall comply ,` . ' c with the audit requirements contained in QMB C. Submit to this .address . only.;,-. Circular A-131 Audits of Institutions of those reports prepared in accordance with,, % Higher learning and Other Nonprofit OMB Circular A-133: ... . • . Institutions, except as modified herein. Such audits shall cover - the entire Federal Audit Clearinghouse rk organization for the organization's fiscal U.S. Bureau of the Census year, not to exceed 12 months. 'The scope of Jeffersonville, Indiana 47132 the : audit 7 performed shall include the - _ Y Y-- financial audit requirements of the "Yellow D. Submit to this address ;only::_ - Book, " and must include reports on . internal those reports prepared in accordance with . .. control and compliance. ... The audit report . the rules o f. the Auditor General. chapter shall include a schedule of financial 10.600: , assistance that discloses each state contract by number. An audit performed by Jim Dwyer , the Auditor General shall satisfy the Office of the Auditor General requirements of this attachment. Post Office Box 1735 . Tallahassee. Florida 32302 Compliance findings related to contracts with -the department shall be 'based on the The provider shall ensure that audit.working contract requirements, including any rules, papers are made available to the department. regulations, or statutes referenced in the or its designee. upon request for a period . contract. .. Where applicable, the audit of five years from the date the audit report . report shall include a computation showing is issued, unless extended in writing by the . whether or not matching requirements were department. ' met. All questioned costs and liabilities . due to the department shall be calculated . Part II- Grants and Aids Audit/Attestation and fully disclosed in the •audit report with reference to the department contract. This part is applicable if the provider . is involved. These requirements do not expand awarded . funds from a grants .and aids .. • the scope of the audit as prescribed by the appropriation, and is either (1) a local Yellow Book. " government entity or nonprofit organization . . receiving a total of less than $25,000 from If the provider has received any funds from ' the department during its -fiscal year or (2) a grants and aids appropriation, the a for profit organization receiving • any provider will also submit a compliance amount from the department. 'The provider 25 . (eCe;v"ing a total of less than $25.000 from within 120 days after the provider's fiscal the department during its fiscal year or (2) year end to the following: . . a - for-profit 'organization. receiving any A Office of Audit and Control amount from the department. The provider has "received" funds when it has obtained Services: 1317, Winewood Boulevard, Building cash from the department or when it has 5, Room 116: Tallahassee. Florida 32399- incurred expenses which wi11 be reimbursed 0700 by the department. B. Contract Manager for the If the amount received from grants and aids . department appropriation award exceeds $100,000. the- provider Jim Dwyer provider agrees to have an audit. performed Office of the Auditor General by an independent certified pub 1 i c Office Box 1735 accountant and submit a compliance report(s) Post Tolaasce. Florid 32302 in accordance with the rules of the Auditor General, chapter 10.600. The audit report shall include a schedule •of financial The provider shall ensure that audit working . assistance • that discloses each state papers are made available to the department. contract . by number and indicates which or its designee. upon request for a period contracts are funded from state grants and of five years from the date the audit report aids appropriation. . was issued. unless extended in writing by the department. Compliance findings related to. contracts with the department shall be based on the Part fir: No Audit Requirement contract requirements. including any rules. regulations, or statutes referenced in the This part is applicable if, the provider is contract. Where applicable, the audit . not awarded funds from a grants and .aids report shall include a computation showing appropriation, and is either (1) a .local - whether or not matching requirements were government entity 'or nonprofit organization met. All questioned costs and liabilities receiving a total of less than $25.000 from due to the department shall' be calculated the department during its fiscal year or (2) and fully-disclosed in the audit report with a for profit organization. receiving any reference to the department contract amount from the department. The provider- involved. has "received" funds when it has - obtained cash from the department or when it has If the amount .received from grants and aids incurred expenses .which will be reimbursed appropriation awards exceeds $25,000, but by the department. does not exceed $100.000. the provider may have an audit as described above or have a The provider has no audit or attestation statement prepared by an independent statement required by this attachment. certified public accountant which attests • that the provider has complied with the provisions of all contracts funded by a • grants and aids appropriation. - If the amount received from grants and aids appropriation awards does not exceed $25.000, the provider wi l l have the head of the entity or organization attest, under penalties or perjury, that the organization has complied with the provisions of all. . contracts funded by a grants and aids appropriation. Copies of the audit report and all other correspondence. if any, related to audits performed by the independent auditor, or the attestation statement, shall . be submitted • 26