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Home My WebLink AboutCity of Tamarac Resolution R-2011-1081 1 TR12095 September 12, 2011 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- 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 FY12 AND FY13, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND ($100,000.00) DOLLARS ANNUALLY; 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 County Fire Rescue Services and the Fire Rescue Division Logistics are administered by Broward County Sheriffs Office; and WHEREAS, Broward County Fire Rescue Division Logistics Warehouse is able to purchase in large quantities with discounts; and WHEREAS, Broward County Fire Rescue Division Logistics Warehouse must comply with the purchasing requirements of Broward County including the obtaining of bids; and TR12095 September 12, 2011 Page 2 WHEREAS, Broward County Fire Rescue Division Logistics Warehouse will sell supplies to the City of Tamarac for cost; and WHEREAS, if supplies are purchased from the Broward County 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 FY12 and FY13 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 County 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 County Fire Rescue Division Logistics Warehouse. 1 TR12095 September 12, 2011 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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 County Fire Rescue Division Logistics Warehouse in an amount not to exceed One Hundred Thousand ($100,000.00) dollars annually for FY12 and FY13. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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. TR12095 September 12, 2011 Page 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this oWday of LDz:?Ajz2011. it PAMELA BUSHNELL ATTEST: J� ..�.........�-^mow PETER M. J. CHARDSON, CRM, CMC CITY CLERK \\ TA I -1 ��' MA'9 RECORD OF COMMISSION VOTE: ESTABLISHED': 4:: MAYOR BUSHNELL 00 ' 1963 : o:: DIST 1: COMM. SWENS N '.- p ir_ DIST 2: V/M GOMEZn :0� . SEAL 0` DIST 3: COMM. GLASS Z J %9d' :�-1 `��• DIST 4: COMM. DRESSLER COUN %"" I HEREBY CERTIFY'YhkA I HAVE APPROVED THIS RESOLUTION AS TO FORM. rSAMUEL S. GOREN CITY ATTORNEY TR 12095 — Exhibit A SHERIFF OF BROWARD COUNTY, FLORIDA RELEASE AND WAIVER OF LIABILITY PURCHASE OF FIRE AND MEDICAL SUPPLIES AND/OR MAINTENANCE AND REPAIR SERVICES FOR FIRE AND RESCUE EQUIPMENT NOTICE: This 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 to purchase fire and medical 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 and medical 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 the maintenance and repair services for its fire and rescue equipment. 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 and further agrees, to the extent permitted by law, 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. The released parties are BSO, the Sheriff of Broward County, and his employees, agents and servants. I understand that this release and indemnity agreement includes, to the extent permitted by law, any liabilities, claims, actions, damages, costs or expenses incurred as a result of the negligence, actions or inaction of any of the above released parties and covers bodily injury and property damage. TR 12096 — Exhibit A 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 I 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 Waiver and Release 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 Waiver and Release of Liability shall be effective as of the date of execution as shown below. ATTEST: Peter Richardson City Clerk 41 IIIM (CORPORATE SEAL) CITY OF TAMARAC, FLORIDA BY: La Pamela Bushnell Mayor � T day of September, 2011 Mi hael C. Cernech City Manager �L day of September, 2011 APPROVED AS TO FORM: Savfuel S. Goren' 1 City Attorney 2,a''l _day of Sept tuber, 2011