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Home My WebLink AboutCity of Tamarac Resolution R-2021-098 TR 13669 August 25, 2021 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO APPROVE A LIABILITY WAIVER AGREEMENT RENEWAL WITH THE BROWARD SHERIFF'S OFFICE (BSO) TO PURCHASE EMERGENCY MEDICAL AND FIREFIGHTING EQUIPMENT AND SUPPLIES FROM BROWARD COUNTY SHERIFF'S OFFICE FIRE RESCUE REGIONAL LOGISTICS UNIT IN AN AMOUNTOF ONE HUNDRED AND EIGHTY SIX THOUSAND ($186,000) DOLLARS FOR FY22 AND ONE HUNDRED NINETY FIVE THOUSAND ($195,000) DOLLARS FOR FY23 FORA TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED AND EIGHTY ONE THOUSAND ($381,000) DOLLARS FOR A TWO YEAR PERIOD AND AUTHORIZE THE CITY MANAGER TO EXTEND THE TOTAL DOLLAR AMOUNT BY AN ADDITIONAL TWENTY FIVE THOUSAND ($25,000) DOLLARS ANNUALLY BASED UPON EXIGENT CIRCUMSTANCES; AUTHORIZING THE • APPROPRIATE CITY OFFICIALS TO EXECUTE A LIABILITY WAIVER AGREEMENT FOR THE PURCHASES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward County Fire Rescue Regional Logistics Unit is administered by Broward County Sheriffs Office (BSO); and WHEREAS, the Tamarac Fire Rescue Department purchases fire and emergency medical and firefighting equipment and supplies for daily operations from BSO's Fire Rescue Regional Logistics Unit's warehouse; and WHEREAS, BSO's Fire Rescue Regional Logistics Unit's warehouse facility maintains a large inventory of supplies that are readily available; and WHEREAS, BSO's Fire Rescue Regional Logistics Unit meets or exceeds Broward County guidelines for purchasing through bids and contracts; and TR 13669 August 25, 2021 Page 2 • WHEREAS, the BSO Department of Fire Rescue and Emergency Services has developed a cooperative regional logistics program designed to support both BSO needs and the needs of municipal fire rescue departments in Broward County, including the Tamarac Fire Rescue Department, to obtain standardization of products used across Broward County, and to obtain significant discounts through volume purchasing; and WHEREAS, BSO's Fire Rescue Regional Logistics Unit will sell supplies to the City of Tamarac Fire Rescue Department for cost which will result in savings on the cost of the supplies to the city and on the cost of storage of inventory; and WHEREAS, CityCode Section 6-148 (e) provides that the Cityma • Y purchase goods or services from the federal government, any state or political subdivision thereof, or any municipality without requiring additional competition; and WHEREAS, it is the recommendation of the Fire Chief and the Purchasing Contracts Manager to execute a Liability Waiver Agreement with BSO for the purchase of fire and emergency medical and firefighting equipment and supplies from BSO's Fire Rescue Regional Logistics Unit; 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 approve and execute the Liability Waiver Agreement renewal with Broward • TR 13669 • August 25, 2021 Sheriffs Office for the purchase of emergency medical and firefighting equipment Page 3 and supplies from the BSO's Fire Rescue Regional Logistics Unit, attached hereto as Exhibit 1. 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 a part hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute the Liability Waiver Agreement with Broward Sheriffs Office attached hereto as Exhibit 1 for the purchase of fire and emergency medical and firefighting equipment and supplies from BSO's Fire Rescue Regional Logistics Unit in an amount of one hundred and eighty six thousand ($186,000) dollars for FY22 and one hundred and ninety five thousand ($195,000) dollars for FY23 for a total amount not to exceed three hundred and eighty one thousand ($381,000) dollars for the two-year period and authorize the City Manager to extend the total dollar amount by an additional twenty five thousand ($25,000) dollars annually based upon exigent circumstances. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 TR 13669 August 25, 2021 Page 4 • portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this s day of q[4 S%, 2021. (4/4- MICHELLE GOMEZ, MAYOR ATTEST: / JE NIFER JOHNSON, CMC, CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ J'- DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: V/M VILLALOBOS DIST 4: COMM.PLACKO I HEREBY CERTIFY that I have approved this RESO UTI N as to form. JO NR. HE IN CIT' TTORNEY 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, BSO FR-29(New 12/03) 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. Name of Entity Name of/ Inciivviclual ,,A orized to n Execute ( Ie_ U. a'n� CITY OF TAMARAC [Print Name] By: //ata6 . � TAliii�� SD" day of CtUlS l , 20 -1 Witnesses Signat t ... M,q,9 '�. •.1 52 By: :i � By: 'y' - /move ac_ 1963 ': • • SEAL '/i, G'0 U't ' \\ 1 • BSO FR-29(New 12/03)