Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-180j 1 1-1 Temp Reso # 10803 September 7, 2005 Revision #1 — September 19, 2005 Revision #2 — September 21, 2005 Revision #3 — September 21, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005- 6 g 0 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 FY06, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHT THOUSAND ($108,000.00) DOLLARS; 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 Sheriff's 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 Temp Reso # 10803 September 7, 2005 Revision #1 — September 19, 2005 Revision #2 — September 21, 2005 Revision #3 — September 21, 2005 Page 2 WHEREAS, Broward County Fire Rescue Division Logistics Warehouse will sell supplies to the City of Tamarac for cost as outlined in the Broward County Resolution attached hereto as Exhibit A; 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 budgeted in the Fire/Rescue FY06 budget; 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 Temp Reso # 10803 September 7, 2005 Revision #1 — September 19, 2005 Revision #2 — September 21, 2005 Revision #3 — September 21, 2005 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. SECTION 2: The purchase of medical supplies and firefighting supplies from the Broward County Fire Rescue Division Logistics Warehouse in an amount not to exceed $108,000 is hereby approved. SECTION 3: The appropriate City Officials are authorized to execute a liability waiver with the Sheriff of Broward County, attached hereto as Exhibit B, providing for the purchase of medical supplies and firefighting supplies from Broward County Fire Rescue Division Logistics Warehouse. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not effect the validity of the remaining portions or applications of this Resolution. 1 Temp Reso # 10803 September 7, 2005 Revision #1 — September 19, 2005 Revision #2 — September 21, 2005 Revision #3 — September 21, 2005 Page 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of (Somber, 2005. JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION MARION SWEN ON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER _ DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS_ I HEREBY CERTIFY that I have approved this RESOLUTION as to form. L: SAMU L S. GOR N INTERIM CITY ATTORNEY 1 TR 10803 EXHIBIT A PREVIOUSATEM. BROWARD COUNTY NEXT -ITEM BOARD OF COUNTY COMMISSIONER$ BF.WARD AGENDA ITEM # HS Meeting Date c 10/15/02 MmIa6auTy 10:00 A.M. Page I of 2 Qdwtffy dpwWk" Ac&m or -Mom, ALWvft or ReqWmmard kv item and Jdamy ft N" 8"N"I'MR, ME M, =01­11 amVcrpuWw*f"m) A. MOTION TO FILE response to the Commission Auditors report on the Fire Rescue Division's Municipal Purchasing Program dated May 8, 2002. B. MOTION TO ADOPT a resolution of the Board of County Commissioners of Broward County, Florida, amending Chapter 21, P.IrtVii, Subsection 21.114 of the Broward County Administrative Code relaft to the purchase of fire and medical supplies from the Fire Rescue Division's Logistics Warehouse; providing authority for all public entities and public officers within Broward County to purchase fire and medical Supplies from the Logistics Warehouse; providing a requirement that each public entity or public officer provide County's County Administrator, or Designee, with written notification as to who isi authorized, on behalf of the public entity or public officer, to issue a purchase order and' execute a Waiver and Release of Liability Form in favor of Broward County Relative to the procurement of supplies from the Logistics Warehouse; providing for an'amendment to Section 4 1.11 (c) of the Broward County Administrative Code, deleting the administrative fee imposed on participating agencies for the procurement of supplies from the Logistics Warehouse; providing for severability; providing fbr inclusion in the Administrative Code; and providing for an effective date. Why IsAction Necessary. Section 1.1 lee of the Broward County Administrative Code requires the County Administrator to provide a response to a Commission Auditors report within Six months. Further, Section 4.08 of the Broward County Charter and Section 1-179 of the Code of Ordinances require the Board to approve all changes to the Administrative Code. What Action Accomplishes: The proposed resolution expands the categories of public agencies which may purchase goods and services from the County's Fire Rescue Division's Logistics Warehouse Municipal Sales Program, and eliminates administrative fees previously charged to participating agencies. 2 of 2 (Pro" an sea*.* sumn y d era umm #w glues on vmvkm of fns ,owm t ded w fix #* Ram. TW W sor torm indulas ale agency rooWnr ondeeon.) The Safety and Emergency Services Department and the Fire Rescue Division recommend approval. On May 21, 2002 (Item 68) the Board received the Commission Auditor's report on the Fire Rescue Division's Municipal Purchasing Program. The Board approved a motion to implement the recommendations contained in the report and directed the County Attorney to draft an amendment to policy to enable public agencies to purchase goods and services from the Fire Rescue Division's Logistics Warehouse. The attached Exhibit 1 contains staffs response to the Commission Auditor's report. Exhibit 2 contains the proposed amendments to the Broward County Administrative Code to allow public agencies to purchase supplies from the Logistics Warehouse and removes the administrative fee charged to participating agencies. ([nMft P4*0 a aoqk appravad budget ar**t and acoaua rsen w aquae d fads and any Baas fundin0 ►aaulrwnonts.) The estimated reduction in revenues associated with eliminating the administrative fee is $50,000. (Pleas number o ibits numorkNdly.) Exhibit 1: Copy of staff response Exhibit 2: Copy of resolution amending the administrative code Exhibit 3: Copy of Release and Waiver of Liability form 1 FvaAed "n*s) for perm matt ro d 2 Eicac Aw copiee to ro m to Two certified copies to be returned to Donda Evans, Fire Rescue Division, 954/831-8256. (numbs Other ire3truc UM:(lndude name, agency, and phone) n APPROVED ❑ DENIED DEFERRED From: TO: EXHIBIT I -0 R 1. D A SAFETY AND EMERGENCY SERMCES DEPARTMENT 2601 W. Broward BouWywd - Fort LauderdaK FkMa 33312-1308 * 954-831-8200 - FAX 954-831-8M MEMORANDUM TO: The Chair and Members Board of County Commissioners N.W. Thabit, Commission Auditor Office of the Commission Auditor THRU: Roger Desjarlais, County Administrator FROM: Herminio Lorenzo, D tor DATE: October 1, 2002 SUBJECT: Implementation of Recommendations of the Commission Auditor's Report on the Fire Rescue Division's Municipal PurdhiWing Program On May 21, 2002 (Itcm 68) the Board received the Commission Auditor's report on the Fire Rescue Division's Municipal Purchasing Program. Afterwards, the Board approved a motion to implement the recommendations contained in the report. In response to the Commission Auditor's request for comments and a corrective action plan, attached please find a corrective action plan that addresses the seven areas of concern raised by the Commission Auditor plus our initial response of May 15, 2002. The Mumcipal Purchasing Prow= allows municipalities to purchase medical and fire supplies from the Fire Rescue Division's warehouse. Under the terms of enabling Resolution 96-0902, municipal fire departments are permitted to purchase fire and rescue supplies directly from the Broward Fire Rescue Division after executing a waiver and release of liability in favor of Broward County in connection with the County's procurement of supplies. Fiscal Year 2003 marks the seventh year ofoperation for the fire and medical supply program approved by the Board on October 1, 1996. Fiscal Year 2000 was the first year that General Revenue funds supported the Logistics Warehouse, rather than Fire Assessment or MSBUA48TU monies. Municipal response to the program has been overwhelmingly favorable, as all parties receive the benefits of savings because ofthe County's ability to buy in larger quantities by including the municipal orders. The results are lower unit prices, which translate to reductions in the cost ofproviding fire rescue services. Currently, only municipal fire rescue agencies participate in the County's fire and medical supply program Broward County Courdy Commisslorm Jopephus ftgelWon, Jr. - Ban Grabar - Sue Gunzburger - KrIsSn D. John E Rodstrom, Jr. - James & Sood - Us= Wassarman-Rubin Implementation of Recommendations of the Commission Auditor's Report on the Fire Rescue Division's Municipal Purchasing Program September 25, 2002 Page 2 Fre Rescue has been approached by ft Broward SherdFs Office for purposes of purchasing large quantities of gloves and supplies used by Corrections personnel in the County Jail and other facilities. Police and fire academies will also benefit from the econormes of scale provided by the program Additionally� Fire Rescue recommends that the participating agencies be permitted to utilize repair and maintenance services under contma to Broward County Fire Rescue wbich may result in per unit repair cost reductions whenthe contracts are renewed, due to increased utilization of the vendor's services. To allow other public agencies to participate in this cost-effective program, the Administrative Code must be amended. The purpose of the revisions to the Administrative Code is to allow public safety agencies and educational institutions, including the police and fire academies, to purchase fire and medical supplies as well as repair and maintenance services directly from Broward County's Fire Rescue Division logistics warehouse. Further, elimmation ofadministradve fbes will encourage the remaining municipalities to enlist in the program, — thereby reducing purchase costs to an even greater extent and offwding the lost administrative fees, which amounted to approximately five percent of gross receivables. The current administrative fee is universally unpopular with participating agencies and, inasmuch as the County' s Central Supply Warehouse does not charge nunicipalities for services, Fire Rescue recommends in conjunction with the Fire Rescue Task Force, the elimination of the administrative fee for the program. Please do not hesitate to contact me at 954/831-8256 or Assistant ChiefFrank Bucbert at 954/831-8259 ifyou have any questions regarding our correction action plan. cc. Evan Lukic, Office of Internal Audit Attachments y:ay � 1 � �:::T, rry �j�.� •Q .W G:? zo o 93 U } U U t •�yw Q�v �p HA° rQ] � h/1�~I. 40, IFF•F�wl����ll � �I p'F7U++ 3' U G •Ci p C.i p W N 7 N 51, Q 93 cl 1� A. �iy i E+y �• W � fYJ � o 0 yYn W 1 ! y Nq 0, d ',�. p gar. otF "a �'A �'•�^y Q �4-4U4,.., q 6N eq � V1 EXHIBIT 2 Resolution 2002-917 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, 5 AMENDING CHAPTER 21, PART VII, SUBSECTION 21.114 OF THE BROWARD COUNTY ADMINISTRATIVE CODE; 6 RELATING TO THE PURCHASE OF FIRE AND MEDICAL SUPPLIES FROM THE FIRE RESCUE DIVISION'S 7 LOGISTICS WAREHOUSE; PROVIDING AUTHORITY FOR ALL PUBLIC ENTITIES AND PUBLIC OFFICERS WITHIN 8 BROWARD COUNTY TO PURCHASE FIRE AND MEDICAL SUPPLIES FROM THE LOGISTICS WAREHOUSE; 9 PROVIDING A REQUIREMENT THAT EACH PUBLIC ENTITY OR PUBLIC OFFICER PROVIDE COUNTY'S COUNTY 10 ADMINISTRATOR, OR DESIGNEE, WITH WRITTEN NOTIFICATION AS TO WHO IS AUTHORIZED, ON BEHALF 11 OF THE PUBLIC ENTITY OR PUBLIC OFFICER, TO ISSUE A PURCHASE ORDER AND EXECUTE A WAIVER AND 12 RELEASE OF LIABILITY FORM IN FAVOR OF BROWARD COUNTY RELATIVE TO THE PROCUREMENT OF 13 SUPPLIES FROM THE LOGISTICS WAREHOUSE; PROVIDING FOR AN AMENDMENT TO SECTION 41.11(C) 14 OF THE BROWARD COUNTY ADMINISTRATIVE CODE, DELETING THE ADMINISTRATIVE FEE IMPOSED ON 15 PARTICIPATING AGENCIES FOR THE PROCUREMENT OF SUPPLIES FROM THE LOGISTICS WAREHOUSE; 16 PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE ADMINISTRATIVE CODE; AND 17 PROVIDING FOR AN EFFECTIVE DATE. 191 WHEREAS, the Board of County Commissioners desires to amend Chapter21, Part 20 VII, Subsection 21.114 of the Broward County Administrative Code relating to the purchase 21 of fire and medical supplies by municipal fire rescue departments to allow public officers 22 and public entities (collectively referred to sometimes as "public agencies") within Broward County to procure items from the County's Fire Rescue Division's logistics warehouse; and 1 WHEREAS, the County contracts from time to time for maintenance and repair 2 services for its fire and rescue equipment, and 3 WHEREAS, several public agencies within Broward County have requested 4 permission from the County to purchase maintenance and repair services for their fire and 5 rescue equipment directly from the County's contracts; and 6 WHEREAS, the County contracts for maintenance and repair services in great 7 volume and, therefore, is entitled to price discounts which may not be achievable by these 8 public agencies; and 91 WHEREAS, the Board of County Commissioners desires to cooperate with local 10 public agencies and provide a system whereby procurement with other public agencies 11 can be effectuated; and 12 WHEREAS, the Board of County Commissioners desires to further amend Chapter 13 21, Part VII, Subsection 21.114 of the Broward County Administrative Code to allow, when 14 permitted by the County's contracts, public agencies to procure maintenance and repair 15 services off County's existing contracts for fire and medical equipment; and 16 WHEREAS, the Board of County Commissioners desires to further amend 17 Subsection 21.114 of the Broward County Administrative Code to require that each 18 participating public agency furnish the County Administrator, or designee, with written 19 notification, as may be amended from time to time, as to who is authorized on behalf of the 20 public agency to (i) issue a purchase order to procure supplies from the logistics 21 warehouse and, where permitted by County contract, to procure maintenance and repair 22 services for fire and rescue equipment from County's vendors and (ii) execute a County 23 standard form waiver and release of liability in favor of Broward County related to the 1 County's procurementof the supplies and/or maintenance and repair services from County 2 vendors; and 3 WHEREAS, the Board of County Commissioners desires to amend Section 41.11 (c) 4 of the Broward County Administrative Code to delete the administrative fee imposed on 5 participating agencies for the procurement of supplies from the Fire Rescue Division's B Logistics Warehouse; NOW, THEREFORE, 8 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 9 BROWARD, COUNTY, FLORIDA: 10 Section 1. That Chapter 21, Part VII, Subsection 21.114 of the Broward County 11 Administrative Code, is hereby amended to read as follows: 12 21.114. Purchase of Fire and Medical Supplies. The Director of the 13 Purchasing Division shall have the authority to establish a program enabling 14 municipal fire rescue departm R&Lb_lic- officers and public entities 15 (hereinafter sometimes „refgrred to collectively as °,jRgblic agencies") within 16 Broward County to purchase fire and medical supplies directly from the 17 County's Fire Rescue Division Logistics Warehouse and where oermitted 18 by the terms of the Cou 's contract Ilow public agencies to rchas 19 repair and maintenance pSrvices for their fire and medical equipment from 20 vendors who have contracts with „the County, The program shall include 21 written policies and procedures for accomplishing this objective and shall 22 include, at a minimum, 23 24 ' 1 a requirement that each municipality's City Manager and any other public 2 entity's or Public officer's Chief Operating Officer provide Qi written 3 s notification, as may be amended from time to time to the 4 County Administrator or designee as to who is qualified authorized to issue 5 a purchase order on behalf of the publiq agengy for the procurement of 6 supplies and/or maintenance and repair services from County vendors for 7 their fire and medical equipment, an behalf of the munielpality, and a 8 L1 execute a County standard form 9 waiver and release of liability in favor of Broward County in connection with 10 the County's procurement of the supplies and/or maIn!&j!@a9_e..@nd MRj1ir 11 services provided to the public agency by the County's vendor for_their _fi_re 12 and medical equipment. The Purchasing Division Director is authorized to 13 enter into any necessary agreements in order to implement this section; 14 provided that such agreements are first approved by the County Attorneys 15 Office. 15 Section 2. That Section 41.11(c) of the Broward County Administrative Code, 17 relating to the imposition of an administrative fee to recover the County's administrative 18 costs associated with implementing the purchasing program established under Section 19 21.114 of the Broward County Administrative Code is hereby deleted in its entirety as 20 follows: 21 41.11 Fire Prevention and Protection Service Fee Schedule. n • • • ad MMIALI 12 Direeters of the Flee Reseue Division and !he Purehasino Division 13 within thirty (39) days of adapflon of this resolution and vAll be 14 available as a Pubfie reeord. The fee imposed to recover the 15Gaunty's administrative easts she!! be reviewed at least annually to 16 17 18 equally to all partleipatmg munieipalifieg. 19 Section 3. SEVERABILITY. 20 If any section, sentence, clause, or phrase of this Resolution is held to be invalid 21 or unconstitutional by any court of competent jurisdiction, then said holding shall in no way 22 affect the validity of the remaining portions of this Resolution. 11 Section 4. INCLUSION IN ADMINISTRATIVE CODE. It is the intention of the Board of County Commissioners that the provisions of this Resolution shall become and be made a park of the Broward County Administrative Code; and that the sections of this Resolution may be renumbered or relettered and the word "resolution" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 5. EFFECTIVE DATE. This Resolution shall become effective upon its adoption. 10 ADOPTED this 15'4' day of e&d , 2002. tk486 1 "I PME/smc 5/15w 12 , ocwm.wpa 13 14 15 16 17 18 19 21 Exhibit 3 BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA RELEASE AND WAIVER OF LIABILITY PURCHASE OF FIRE AND MEDICAL SUPPLIES ANDIOR 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 SIGNING1 TO BROWARD COUNTY: In consideration of the opportunity afforded to the public entity or public officer named herein to participate in a program established by the County to allow them to purchase fire and medical supplies directly from the County's Fire Rescue Division Logistics Warehouse and/or purchase maintenance and repair services for its fire and rescue equipment directly from the County's contracts, the public entity or public officer makes the following contractual representations and agreements. The public entity or public officer, its officers, agents and employees do hereby knowingly, freely, and voluntarily RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE BROWARD COUNTY, its officers, agents, and employees from and against any and all liability or claims of any nature whatsoever, including damages sustained by third persons directly or indirectly in connection with or arising out of the public entity or public officer's procurement, use, maintenance or storage of the fire and medical supplies purchased from the County's Fire Rescue Division Logistics Warehouse and/or the purchase of maintenance and repair services for its fire and rescue equipment directly from the County's contracts. The public entity or public officer has read the above provisions, fully understands the terms, and understands that it or he/she 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 be a complete and unconditional release of any and all liability to the greatest extent allowed by law and agrees that, if any portion of this contract is held to be invalid, the balance notwithstanding shall continue in full force and effect. This Waiver and Release of Liability once executed by an individual authorized by the public entity or public officer shall be deemed continuing in nature and shall remain in full force and affect for all purchases made by the public entity or public officer under the program. This Waiver and Release of Liability shall be effective as of October 1, 2002. Name of Public Entity or Public 0111cer Witnesses Signatures: Name of Individual Authorized to Execute [Print Name] M By: By: day of 120—. 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.. 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. ATT-EST; Moon Swenson, CMC C1ty Clerk CITY OF TAMARAC, FLORIDA BY: 1ayo Joseph Schreiber 9 day of September, 2005 BY Jeffre'L. filler Cltv M�nager � day of September, 2005 (CORPORATE SEAL) APPROVED AS TO FORM: i BY: Sainuel S. Goren Interim City Attorney