HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-087TR#12674
September 8, 2015
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015- -F7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, TO APPROVE A LIABIITY
WAIVER AGREEMENT WITH THE BROWARD SHERIFF'S
OFFICE (BSO) TO PURCHASE MEDICAL AND
FIREFIGHTING SUPPLIES FROM BROWARD COUNTY
SHERIFF'S OFFICE (BSO) FIRE RESCUE REGIONAL
LOGISTICS UNIT DURING FY16 AND FY17 IN AN
AMOUNT OF ONE HUNDRED FIFTY THOUSAND ($150,000)
DOLLARS ANNUALLY DURING FY16 AND FY17 FOR A
TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED
THOUSAND ($300,000) DOLLARS FOR THE 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 a variety of
supplies for fire, EMS and daily operations; 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
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September 8, 2015
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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, in order 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; and
WHEREAS, the City of Tamarac will save on the cost of the supplies, on
the time required to purchase supplies, 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 form 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 that purchases be made through 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 with Broward Sheriff's
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September 8, 2015
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Office for the purchase of supplies from the BSO's Fire Rescue Regional
Logistics Unit (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 medical and firefighting
supplies from BSO's Fire Rescue Regional Logistics Unit in an amount of one
hundred fifty thousand ($150,000) dollars annually during FY16 and FY17 for a
total amount not to exceed three hundred thousand ($300,000) 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
portions or applications of this Resolution.
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September 8, 2015
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SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this aka day of 2015.
4
HARRY DRESSLER, MAYOR
ATTEST:
PATRICIA TEUFEL, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL
DIST 2- COMM. GOMEZ
DIST 3: COMM. GLASSER —
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
r�
SAMUEL S. GOREN
CITY ATTORNEY
J
1
1
TR12674 —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
Sheriffs 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 Sheriffs
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,
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TR12674 —EXHIBIT I
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.
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
APPROVD AS TO FO M:
i
By.
By: ���, �/ d wL, lld J-,
-
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• A /
Michael C. Cernech
City Manager
24day of r , 2015.