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HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-111TR12410 October 3, 2013 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2013- /// 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 FY14 AND FY151 IN AN AMOUNT NOT TO EXCEED ONE HUNDRED AND FIFTY THOUSAND ($150,000.00) DOLLARS ANNUALLY; TO AUTHORIZE THE CITY MANAGER TO EXTEND THE TOTAL DOLLAR AMOUNT BY AN ADDITIONAL TWENTY FIVE THOUSAND ($25,000) BASED UPON EXIGENT CIRCUMSTANCES; 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 Sheriff Fire Rescue Services and the Fire Rescue Division Logistics are administered by Broward Sheriff's Office; and WHEREAS, Broward Sheriff Fire Rescue Division Logistics Warehouse is able to purchase in large quantities with discounts; and WHEREAS, Broward Sheriff Fire Rescue Division Logistics Warehouse must comply with the purchasing requirements of Broward Sheriff including the obtaining of bids; and TR12410 October 3, 2013 Page 2 WHEREAS, Broward Sheriff Fire Rescue Division Logistics Warehouse will sell supplies to the City of Tamarac for cost; and WHEREAS, if supplies are purchased from the Broward Sheriff 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 approved in the Fire Rescue FY14 and FY15 budget plan; 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 Sheriff 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 Sheriff Fire Rescue Division Logistics Warehouse. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF TAMARAC, FLORIDA: TR 12410 October 3, 2013 Page 3 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 part a part hereof. SECTION 2: The City Commission of the City of Tamarac hereby approves the liability waiver between the City of Tamarac and the Sheriff of Broward County (attached hereto as Exhibit "A"). SECTION 3: The appropriate City Officials are authorized to execute the liability waiver with the Sheriff of Broward County providing for the purchase of medical and firefighting supplies from Broward Sheriff Fire Rescue Division Logistics Warehouse in an amount not to exceed One Hundred and Fifty Thousand ($150,000-00) dollars annually for FY14 and FY15. SECTION 4: The City Manager is authorized to extend the dollar amount of this purchasing agreement by an additional twenty five thousand ($25,000) based upon exigent circumstances. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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. TR12410 October 3, 2013 Page 4 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of �� , 2013. BETH TALABISCO MAYOR ATTEST: PATRICIA TEUF ,'CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR TALABISCO e2ll-Pr - DIST 1: COMM. BUSH NELL—.z/---� DIST 2: COMM. GOMEZ DIST 3: COMM. GLASS DIST 4: V/M. DRESSLE I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM e— A�IIUEL S. GOREN ITY ATTORNEY or 4 TRI 2410 - Exhibit A 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 or deemed a trade secret pursuant to Section 812.01, Florida Statutes (2013). 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, including, but not limited to, attorney's fees. Nothing herein shall constitute a waiver of the City's sovereign immunity. Page 1 of 3 • TRI 2410 - Exhibit A 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 1 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 Name of Individual Authorized to Execute am Pat Teufel, City Clerk AM AR •• i `O10 000 ros w • �� •CC �_ CORPO � (�V-.SEAQqSPNN0 . 4 C0e�``� BY: UWLl1 1 CII0IJ1Q%oV Mayor �'day of October, 2013 ichael C. Cernech City Manager � day of October, 2013 APPROVED AS TO FORM: BY: bamuei b. ul City Attorney 6&day of October, 2013 Page 2 of 3