HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-232TEMP RESO # 10564
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September 28, 2004
Revision #1 — October 1, 2004
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- a 3,:�,
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 FIRE RESCUE DIVISION LOGISTICS
WAREHOUSE DURING FY05, IN AN AMOUNT NOT TO
EXCEED NINETY FIVE THOUSAND DOLLARS ($95,000.00);
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 County Fire Rescue Services and the Fire Rescue Division
Logistics Warehouse are administered by the Sheriff of Broward County; 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 as outlined in the Broward County Resolution
attached hereto as Exhibit "A"; and
TEMP RESO # 10564
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September 28, 2004
Revision #1 — October 1, 2004
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
purchase supplies, the cost of the supplies, and the cost of 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
FY05 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 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 CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
SECTION w1. 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 purchase of medical supplies and firefighting supplies from
Broward County Fire Rescue Division Logistics Warehouse in an amount not to exceed
TEMP RESO # 10564
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September 28, 2004
Revision #1 — October 1, 2004
Ninety Five Thousand ($95,000) dollars for FY05 is hereby authorized.
SECTION 3: The appropriate City Officials are authorized to execute a liability
waiver with the Sheriff of Broward County providing for purchase of medical supplies
and/or maintenance and repair services for Fire and Rescue equipment (attached hereto
as Exhibit "B")
SECTION 4- All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5_ 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 effect the validity of the remaining portions or applications of this Resolution.
TEMP RESO # 10564
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September 28, 2004
Revision #1 — October 1, 2004
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 13t" day of October, 2004.
JOE SCHREIBER
MAYOR
ATTEST:
r /&u RECORD OF COMMISSION VOTE:
,�- MARION SWE SON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1 • COMM PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCOUUi—
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
L
(MITCHELL K
CITY ATTORNEY
11
1
EXHI
TR 10564 EXHIBIT A
Resolution 2002-917
4
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF BROWARD COUNTY, FLORIDA,
5
AMENDING CHAPTER 21, PART VII, SUBSECTION 21.114
OF THE BROWARD COUNTY ADMINISTRATIVE CODE;
6
RELATING TO THE PURCHASE OF FIRE AND MEDICAL
SUPPLIES FROM THE FIRE RESCUE DIVISION'S
7
LOGISTICS WAREHOUSE; PROVIDING AUTHORITY FOR
ALL PUBLIC ENTITIES AND PUBLIC OFFICERS WITHIN
8
BROWARD COUNTY TO PURCHASE FIRE AND MEDICAL
SUPPLIES FROM THE LOGISTICS WAREHOUSE;
9
PROVIDING A REQUIREMENT THAT EACH PUBLIC ENTITY
OR PUBLIC OFFICER PROVIDE COUNTY'S COUNTY
10
ADMINISTRATOR, OR- DESIGNEE, WITH WRITTEN
NOTIFICATION AS TO WHO IS AUTHORIZED, ON BEHALF
11
OF THE PUBLIC ENTITY OR PUBLIC OFFICER, TO ISSUE
A PURCHASE ORDER AND EXECUTE A WAIVER AND
12
RELEASE OF LIABILITY FORM IN FAVOR OF BROWARD
COUNTY RELATIVE TO THE PROCUREMENT OF
13
SUPPLIES FROM THE LOGISTICS WAREHOUSE;
PROVIDING FOR AN AMENDMENT TO SECTION 41.11(C)
14
OF THE BROWARD COUNTY ADMINISTRATIVE CODE,
DELETING THE ADMINISTRATIVE FEE IMPOSED ON
15
PARTICIPATING AGENCIES FOR THE PROCUREMENT OF
SUPPLIES FROM THE LOGISTICS WAREHOUSE;
16
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE ADMINISTRATIVE CODE; AND
17
PROVIDING FOR AN EFFECTIVE DATE.
iK
WHEREAS, the Board of County Commissioners desires to amend Chapter 21, Part
20 V11, Subsection 21.114 of the Broward County Administrative Code relating to the purchase
21 of fire and medical supplies by municipal fire rescue departments to allow public officers
and public entities (collectively referred to sometimes as "public agencies") within Broward
231 County to procure items from the County's Fire Rescue Division's logistics warehouse; and
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1 WHEREAS, the County contracts from time to time for maintenance and repair
2 services for its fire and rescue equipment; and
3 WHEREAS, several public agencies within Broward County have requested
4 permission from the County to purchase maintenance and repair services for their fire and
5 rescue equipment directly from the County's contracts; and
6 WHEREAS, the County contracts for maintenance and repair services in great
7 volume and, therefore, is entitled to price discounts which may not be achievable by these
8 public agencies; and
9 WHEREAS, the Board of County Commissioners desires to cooperate with local
10 public agencies and provide a system whereby procurement with other public agencies
11 can be effectuated; and
12 WHEREAS, the Board of County Commissioners desires to further amend Chapter
13 21, Part VI I, Subsection 21.114 of the Broward County Administrative Code to allow, when
14 permitted by the County's contracts, public agencies to procure maintenance and repair
15 services off County's existing contracts for fire and medical equipment; and
16 WHEREAS, the Board of County Commissioners desires to further amend
17 Subsection 21.114 of the Broward County Administrative Code to require that each
18 participating public agency furnish the County Administrator, or designee, with written
19 notification, as may be amended from time to time, as to who is authorized on behalf of the
20 public agency to (i) issue a purchase order to procure supplies from the logistics
21 warehouse and, where permitted by County contract, to procure maintenance and repair
22 services for fire and rescue equipment from County's vendors and (ii) execute a County
23 standard form waiver and release of liability in favor of Broward County related to the
24
11 County's procurement of the supplies and/or maintenance and repair services from County
21 vendors; and
WHEREAS, the Board of County Commissioners desires to amend Section 41.11(c)
of the Broward County Administrative Code to delete the administrative fee imposed on
participating agencies for the procurement of supplies from the Fire Rescue Division's
Logistics Warehouse; NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
BROWARD, COUNTY, FLORIDA:
10 Section 1. That Chapter 21, Part VII, Subsection 21.114 of the Broward County
11 Administrative Code, is hereby amended to read as follows:
12 21.114. Purchase of Fire and Medical Supplies. The Director of the
13 Purchasing Division shall have the authority to establish a program enabling
14public officers and public entities
15 hereinafter sometimes referred to collectively as "public agencies" within
15 Broward County to purchase fire and medical supplies directly from the
17 County's Fire Rescue Division Logistics Warehouse and, where permitted
18 by the terms of the County's contract, allow „public agencies to purchase
19 repair and maintenance services for their fire and medical equipment from
20 vendors who have contracts with the Coun . The program shall include
21 written policies and procedures for accomplishing this objective and shall
22 include, at a minimum, "
23
24 G ou My's
11 a requirement that each municipality's Cily Manager and any other public
enti 's or PuWic officer's Chief Ogerating Officer provide jit written
eathormzatiom notification, as may be -amended. ,from „time to time, to the
County Administrator or designee as to who is qualified authorized to issue
51 a purchase order on b half of the ggblic agency for the pLocurement of
supplies and/or maintenance and repair services from County vendors for
their fire and medical a ui meat , and a
81 fil execute a County standard form
waiver and release of liability in favor of Broward County in connection with
10 the County's procurement of the supplies and/or maintenance and repair
11 services provided to the public agency ty the County's vendor for their fire
12 and medical equipment. The Purchasing Division Director is authorized to
13 enter into any necessary agreements in order to implement this section;
14 provided that such agreements are first approved by the County Attorney's
15 Office.
16 Section 2. That Section 41,11(c) of the Broward County Administrative Code,
17 relating to the imposition of an administrative fee to recover the County's administrative
18 costs associated with implementing the purchasing program established under Section
19 21.114 of the Broward County Administrative Code is hereby deleted in its entirety as
20 follows:
21 41.11 Fire Prevention and Protection Service Fee Schedule.
22 ...
23
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Section 3, SEVERABILITY.
20 If any section, sentence, clause, or phrase of this Resolution is held to be invalid
21 or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
22 affect the validity of the remaining portions of this Resolution.
1 Section 4. INCLUSION IN ADMINISTRATIVE CODE.
2 It is the intention of the Board of County Commissioners that the provisions of this
3 Resolution shall become and be made a part of the Broward County Administrative Code;
4 and that the sections of this Resolution may be renumbered or relettered and the word
5 "resolution" may be changed to "section," "article," or such other appropriate word or
6 phrase in order to accomplish such intentions.
7 Section 5. EFFECTIVE DATE.
81 This Resolution shall become effective upon its adoption.
101 ADOPTED this day of ti , 2002. tk4'9B
11 PMElsmc
5n 5/02
IogistlGsmsompd
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NKI
STATE OF FLORIDA )
) SS
COUNTY OF BROWARD )
I, ROGER J. DESJARLAIS, County Administrator, in and for Broward County,
Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO
HEREBY CERTIFY that the alcove and foregoing is a true and correct copy of Resolution
2002-917 as the same appears of record in the minutes of a said meeting of said Board of
County Commissioners held on the 1 & day of October, 2002,
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 160
day of October, 2002.
ROGER J. DESJARLAIS
COUNTY ADMINISTRATOR
By
Deputy Clergy
l
(SEAL)
TR10564 - EXHIBIT B
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.
\\Del!one\LJD Fire\catherinea\Resas\B ,O Waiver, doc
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.
MelloneWD F're\catherinea\ResosWO Waiver.coc
Name of Entity:
City -of Tamarac
In WITNESS WHEREOF, the parties have hereunto executed this Agreement on
the dates indicated, the latter of which shall be controlling.
DATE: i"�O / V /a
DATE: / C' ZI y & 7
APPROV AS TO FORM AND
L L S I IENCY
"MITCHELL S. KRAFT
CITY ATTORNEY
DATE:
DATE: �! l
Date:
CITY O TAMARAC, FLORIDA
By.
JOS PH SCHREIBER,
MAYOR
By.
JE EY L. MILLER,
CITY MANAGER
BROWARD SHERIFF'S OFFICE
Individual Authorized to Execute
Witnesses Signatures:
B "6"j'S . By:
Marion Swenson, CIVIC
City Clerk
Date: o o c/
Date:
(Print Name)
10e1!oneWD Firekatherinea\Resos\BSO Waiver.doc