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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-115TR#13001 October 2, 2017 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2017- //-5- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO APPROVE A LIABIITY 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 AMOUNT OF ONE HUNDRED FIFTY SEVEN THOUSAND ($157,000) DOLLARS ANNUALLY FOR FY18 AND FY19, A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED FOURTEEN THOUSAND ($314,000) DOLLARS FOR A TWO YEAR PERIOD; 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 TR#13001 October 2, 2017 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, 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 TR#13001 October 2, 2017 Page 3 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 expressly incorporated herein and made a part hereof. SECTION 2: The appropriate City Officials are hereby authorized to approve and 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 fifty-seven thousand ($157,000) dollars annually on FY18 and FY19 for a total amount not to exceed three hundred fourteen thousand ($314,000) dollars for the two-year period. 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#13001 October 2, 2017 Page 4 portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPT40%1 ' 'PPROVED this 1 ° ESE, TAt_lr�' ATTEST: a;j PATRICIA TEUF�L, CMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAM EL S. GOPEA CITY ATTORNEY // day of G'� 2017. 40 SAY ... �. O. RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4: VICE MAYOR PLACKO 1 TR13001 — EXHIBIT 1 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 Sheriff's computerized inventory management system (E-store) which may include access to confidential and proprietary vendor information as defined in Chapter 119, Florida Statutes and/or deemed exempt from public disclosure and/or a trade secret and protected from disclosure pursuant to Section 815.04(3), Florida Statutes (2014). 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 Sheriff's 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. The released parties are BSO, the Sheriff of Broward County, and his employees, agents and servants. Page 1 of 2 TR13001— EXHIBIT 1 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 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 CITY OF TAMARAC APPROVED AS TO FORM: By: A Name of Individual Authorized to Execute Page 2 of 2 Michael G. Gernech CityManager day of QL rr , 2017.