HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-129TR11696
September 8, 2009
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING TAMARAC FIRE
RESCUE TO PURCHASE MEDICAL AND FIREFIGHTING
SUPPLIES FROM BROWARD COUNTY SHERIFF'S OFFICE,
FIRE RESCUE DIVISION LOGISTICS WAREHOUSE
DURING FY10, IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED THIRTY THOUSAND DOLLARS ($130,000.00);
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE A LIABILITY WAIVER IN CONNECTION WITH
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 County Fire Rescue Services and the Fire Rescue Division
Logistics Warehouse are administered by Broward County Sheriff's Office; and
WHEREAS, Broward County Fire Rescue Division Logistics Warehouse is able
to purchase in large quantities with discounts; and
WHEREAS, Broward County Fire Rescue Division Logistics Warehouse must
comply with the purchasing requirements of Broward County, including the obtaining of
bids; and
WHEREAS, Broward County Fire Rescue Division Logistics Warehouse will sell
supplies to the City of Tamarac for cost; and
WHEREAS, if supplies are purchased from the Broward County Fire Rescue
Division Logistics Warehouse, the City of Tamarac will save on the time required to
TR11696
September 8, 2009
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purchase supplies, the cost of the supplies, and on the cost of inventory storage; 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 budgeted in the Fire/Rescue
FY10 budget; 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 Interim Fire Chief and the
Purchasing/Contracts Manager that, when beneficial, purchases be made through
Broward County 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 County Fire Rescue Division Logistics
Warehouse.
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.
SECTION 2: The appropriate City Officials are authorized to execute a liability
Waiver with the Sheriff of Broward County, attached hereto as Exhibit A, providing for
the purchase of medical and firefighting supplies from Broward County Fire Rescue
Division Logistics Warehouse in an amount not to exceed One Hundred Thirty
1
1
1
TR11696
September 8, 2009
Page 3
Thousand dollars ($130,000.00) for FY10.
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.
SECTION 6: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RES UTION as o form.
AXW/�Q
AMUEL S.4bREN
CITY ATT RNEY
c)-3day of , 2009.
BETH FLANSBAUM-TALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
TR 11696 -- Exhibit A
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.
TR 11696 — Exhibit A
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 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.
CITY OF TAMARAC, FLORIDA
ATTEST: BY:
Beth Flansbaum-Talabi o
Ma or
day p of September, 2009
Wrion Swenson, CMC
City Clerk
Y:
Jeffr ler
City Manager
a2 3 day of September, 2009
(CORPORATE SEAL) APPROVED AS TO FORM:
BY: �?!v
Samuel S. Oforen
City Attorney
"-( day of September, 2009