HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-111TR12410
October 3, 2013
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2013- ///
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE FIRE
RESCUE DEPARTMENT TO PURCHASE MEDICAL
SUPPLIES AND FIREFIGHTING SUPPLIES FROM
BROWARD COUNTY SHERIFF'S OFFICE, FIRE RESCUE
DIVISION LOGISTICS WAREHOUSE DURING FY14 AND
FY151 IN AN AMOUNT NOT TO EXCEED ONE HUNDRED
AND FIFTY THOUSAND ($150,000.00) DOLLARS
ANNUALLY; TO AUTHORIZE THE CITY MANAGER TO
EXTEND THE TOTAL DOLLAR AMOUNT BY AN
ADDITIONAL TWENTY FIVE THOUSAND ($25,000) BASED
UPON EXIGENT CIRCUMSTANCES; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
LIABILITY WAIVER FOR THE PURCHASES; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Tamarac Fire Rescue Department purchases many
different items in small quantities; and
WHEREAS, Broward Sheriff Fire Rescue Services and the Fire Rescue
Division Logistics are administered by Broward Sheriff's Office; and
WHEREAS, Broward Sheriff Fire Rescue Division Logistics Warehouse is
able to purchase in large quantities with discounts; and
WHEREAS, Broward Sheriff Fire Rescue Division Logistics Warehouse
must comply with the purchasing requirements of Broward Sheriff including the
obtaining of bids; and
TR12410
October 3, 2013
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WHEREAS, Broward Sheriff Fire Rescue Division Logistics Warehouse
will sell supplies to the City of Tamarac for cost; and
WHEREAS, if supplies are purchased from the Broward Sheriff Fire
Rescue Division Logistics Warehouse, the City of Tamarac will save on the time
required to purchase supplies, on the cost of the supplies, and on the cost of
storage of inventory; and
WHEREAS, the supplies will be available on the same day, requiring
minimal storage space in Tamarac; and
WHEREAS, funds for these purchases have been approved in the Fire
Rescue FY14 and FY15 budget plan; and
WHEREAS, City Code Section 6-155 allows the purchase of supplies,
materials and equipment utilizing contracts with governmental agencies; and
WHEREAS, it is the recommendation of the Fire Chief and the Purchasing
Contracts Manager that, when beneficial, purchases be made through Broward
Sheriff Fire Rescue Division Logistics Warehouse; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
authorize the purchase of supplies from the Broward Sheriff Fire Rescue Division
Logistics Warehouse.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
TR 12410
October 3, 2013
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SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All Exhibits attached hereto are expressly incorporated herein and
made part a part hereof.
SECTION 2: The City Commission of the City of Tamarac hereby
approves the liability waiver between the City of Tamarac and the Sheriff of
Broward County (attached hereto as Exhibit "A").
SECTION 3: The appropriate City Officials are authorized to execute the
liability waiver with the Sheriff of Broward County providing for the purchase of
medical and firefighting supplies from Broward Sheriff Fire Rescue Division
Logistics Warehouse in an amount not to exceed One Hundred and Fifty
Thousand ($150,000-00) dollars annually for FY14 and FY15.
SECTION 4: The City Manager is authorized to extend the dollar amount
of this purchasing agreement by an additional twenty five thousand ($25,000)
based upon exigent circumstances.
SECTION 5: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
TR12410
October 3, 2013
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SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of �� , 2013.
BETH TALABISCO
MAYOR
ATTEST:
PATRICIA TEUF ,'CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO e2ll-Pr -
DIST 1: COMM. BUSH NELL—.z/---�
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASS
DIST 4: V/M. DRESSLE
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
e— A�IIUEL S. GOREN
ITY ATTORNEY
or
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TRI 2410 - Exhibit A
SHERIFF OF BROWARD COUNTY, FLORIDA
RELEASE AND WAIVER OF LIABILITY
PURCHASE OF FIRE, MEDICAL AND PHARMACEUTICAL SUPPLIES
AND/OR MAINTENANCE
AND REPAIR SERVICES FOR FIRE AND RESCUE EQUIPMENT
NOTICE: This Hold Harmless, Indemnity, Release and Waiver of Liability Form when signed
is a contract with legal consequences. PLEASE READ IT CAREFULLY BEFORE SIGNING_ !
TO THE SHERIFF OF BROWARD COUNTY: In consideration of the opportunity afforded to the
undersigned entity to participate in a program established by the Sheriff to allow the entity, including
its directors, officers, agents, employees, representatives, volunteers or servants, to purchase fire,
medical and/or pharmaceutical supplies directly from the Sheriff and/or purchase maintenance and
repair services for its fire and rescue equipment from the Sheriff, the entity makes the following
contractual representations and agreements:
The entity understands that the fire, medical and pharmaceutical supplies are provided "as is" with all
faults and BSO makes no representations or warranties, either expressed or implied, regarding- the
fire and medical supplies, including the warranty of merchantability and fitness for a particular
purpose.
The entity agrees to assume the risks associated with the procurement, use, maintenance or storage
of the supplies and/or maintenance and repair services for its fire and rescue equipment.
The entity understands that the purchase of pharmaceutical supplies may involve access to the
Sheriffs computerized inventory management system (E-store) which may include access to
confidential and proprietary vendor information as defined in Chapter 119, Florida Statutes or deemed
a trade secret pursuant to Section 812.01, Florida Statutes (2013). In the event the entity receives a
request for certain information from a third party which it determines is not exempt from disclosure
under the above -referenced statutory provisions, the entity shall promptly notify the Vendor of the
request for disclosure prior to making the disclosure and provide the legal basis on which it believes
disclosure must be made. The disclosure shall be limited to only to that information required for
disclosure. In the event the entity fails to promptly notify the Vendor of the request for disclosure, the
entity, to the extent permitted by law, shall indemnify, hold harmless and defend the Sheriff against
any claims, actions, damages, cost or expenses of any nature arising out of or in any way resulting
from the entity's disclosure of the information to any third parties unless said disclosure is ordered by
a court of law. The entity shall not be liable to the Sheriff for compliance with any disclosure required
by law where the Vendor has been notified of the request for disclosure and fails to intervene to
protect its interest(s). Sheriff reserves the right to immediately terminate the entity from the Sheriffs
procurement program for violation(s) of the program's policies.
The entity releases and forever discharges the released parties defined below, of and from all
liabilities, claims, actions, damages, costs or expenses of any nature arising out of or in any way
connected with the procurement use, maintenance or storage of the supplies and/or the maintenance
and repair services for its fire and rescue equipment to the extent permitted by law and subject to the
limitations contained in Section 768.28, the City agrees to indemnify and hold harmless each of the
released parties against any and all such liabilities, claims, actions, damages, costs or expenses,
including, but not limited to, attorney's fees. Nothing herein shall constitute a waiver of the City's
sovereign immunity.
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•
TRI 2410 - Exhibit A
The released parties are BSO, the Sheriff of Broward County, and his employees, agents and
servants.
The entity has read the above provisions, fully understands the terms, and understands that it is
giving up substantial rights by signing this document and has signed it freely and without any
inducement or assurance of any nature and intends it to be a complete and unconditional release of
such rights to the greatest extent allowed by law and agrees that, if any portion of this agreement is
held to be invalid, the balance notwithstanding shall continue in full force and effect.
In entering this agreement, I represent that 1 have had a reasonable opportunity to seek and select
legal advice and have relied upon the advice of my own legal representative, who is an attorney of my
own choice, or have voluntarily chosen not to seek the advice of an attorney, and that the terms of
this agreement have been completely read and that those terms are fully understood and voluntarily
accepted by me.
This Hold Harmless, Indemnity, Release and Waiver of Liability once executed by an individual
authorized by the entity shall be deemed continuing in nature and shall remain in full force and effect
for all purchases made by the entity under the program. This Hold Harmless, Indemnity, Release and
Waiver of Liability shall be effective as of the date of execution as shown below.
Name of Entity Name of Individual Authorized to Execute
am
Pat Teufel,
City Clerk
AM AR
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CORPO � (�V-.SEAQqSPNN0 . 4
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BY:
UWLl1 1 CII0IJ1Q%oV
Mayor
�'day of October, 2013
ichael C. Cernech
City Manager
� day of October, 2013
APPROVED AS TO FORM:
BY:
bamuei b. ul
City Attorney
6&day of October, 2013
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