HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-098Temp. Reso. #13982
September 13, 2023
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023-
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 FIFTY
THOUSAND ($150,000) DOLLARS FOR FY24 AND ONE HUNDRED
SIXTY THOUSAND ($160,000) DOLLARS FOR FY25 FOR A TOTAL
AMOUNT NOTTO EXCEED THREE HUNDREDANDTEN THOUSAND
($310,000) DOLLARS FOR A TWO YEAR PERIOD AND
AUTHORIZE THE CITY MANAGER TO EXTEND THE TOTAL
DOLLAR AMOUNT BY AN ADDITIONAL THIRTY THOUSAND
($30,000) 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 Sheriff's 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
Temp. Reso. #13982
September 13, 2023
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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, City Code Section 6-148 (e) provides that the City may
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
Temp. Reso. #13982
September 13, 2023
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Sheriff's Office for the purchase of emergency medical and firefighting equipment
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 incorporated herein and made a specific
part of this Resolution.
SECTION 2: The appropriate City Officials are hereby authorized to execute
the Liability Waiver Agreement with Broward Sheriff's 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 fifty thousand ($150,000) dollars for FY24 and one hundred and sixty
thousand ($160,000) dollars for FY25 for a total amount not to exceed three hundred
and ten thousand ($310,000) dollars for the two-year period and authorize the City
Manager to extend the total dollar amount by an additional thirty thousand ($30,000)
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
Temp. Reso. #13982
September 13, 2023
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portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 13 day of W?6,?2023.
ATTEST:
KIMBERLY DILLON, CMC,
CITY CLERK
ALL /11 2�G
MICHELLE J. GOMEZ 4AYOR
RECORD OF COMMISSION VOTE
MAYOR GOMEZ ES
DIST 1:
V/M BOLTON C
DIST 2:
COMM. WRIGHT JR
DIST 1
COMM. VILLALOBOS
DIST 4:
COMM. DANIEL {�
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
HANS OT-1NOT �
CITY ATTORNEY
F_1/h1k � 1
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
Witnesses Signatures:
By:A/'1
Name of Individual Authorized to
Execute L- I16-O SQOLLO(� Lit,
[Print Name]
:
y of ��16M, 20 �S
By:
BSO FR-29 (New 12/03)