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Home My WebLink AboutCity of Tamarac Resolution R-2003-187TEMP RESO # 10212 Page 1 8/1 /03 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- 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 FY04, IN AN AMOUNT NOT TO EXCEED EIGHTY THREE THOUSAND DOLLARS ($83,000.00); 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 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 ri TEMP RESO # 10212 Page 2 8/1 /03 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 fund; 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 interim 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. n TEMP RESO # 10212 Page 3 8/1 /03 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 purchase of medical supplies and firefighting supplies from Broward County Fire Rescue Division Logistics Warehouse in an amount not to exceed Eighty Three Thousand ($83,000) dollars for FY04 is hereby authorized. SECTION 3: The appropriate City Officials are authorized to execute a liability waiver for purchases of medical supplies from Broward County (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. 1 TEMP RESO # 10212 Page 4 8/1 /03 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 27t" day of August, 2003. /JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARION SW SON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM—TALABISC DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS c./Z HEREBY CERTIFY that I have approved this RESOLUTION as to form. (^ MITCHELL S. CITY ATTO LJ f...h :er€ a € `.if::) 1i:921; 3 € `:i€. Ili u EXHIBIT A 10 11 12 13 14 15 Resolution 2002-917 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AMENDING CHAPTER 21, PART VII, SUBSECTION 21.114 OF THE BROWARD COUNTY ADMINISTRATIVE CODE; RELATING TO THE PURCHASE OF FIRE AND MEDICAL SUPPLIES FROM THE FIRE RESCUE DIVISION'S LOGISTICS WAREHOUSE; PROVIDING AUTHORITY FOR ALL PUBLIC ENTITIES AND PUBLIC OFFICERS WITHIN BROWARD COUNTY TO PURCHASE FIRE AND MEDICAL SUPPLIES FROM THE LOGISTICS WAREHOUSE; PROVIDING A REQUIREMENT THAT EACH PUBLIC ENTITY OR PUBLIC OFFICER PROVIDE COUNTY'S COUNTY ADMINISTRATOR, OR- DESIGNEE, WITH WRITTEN NOTIFICATION AS TO WHO IS AUTHORIZED, ON BEHALF OF THE PUBLIC ENTITY OR PUBLIC OFFICER, TO ISSUE A PURCHASE ORDER AND EXECUTE A WAIVER AND RELEASE OF LIABILITY FORM IN FAVOR OF BROWARD COUNTY RELATIVE TO THE PROCUREMENT OF SUPPLIES FROM THE LOGISTICS WAREHOUSE; PROVIDING FOR AN AMENDMENT TO SECTION 41.11(C) OF THE BROWARD COUNTY ADMINISTRATIVE CODE, DELETING THE ADMINISTRATIVE FEE IMPOSED ON PARTICIPATING AGENCIES FOR THE PROCUREMENT OF SUPPLIES FROM THE LOGISTICS WAREHOUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE ADMINISTRATIVE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners desires to amend Chapter 21, Part VII, 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 22 and public entities (collectively referred to sometimes as "public agencies") within Broward 23 County to procure items from the County's Fire Rescue Division's logistics warehouse; and 24 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 VII, 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 1( 1' 1� 1� 1� 1� 1E 11 1E 1c 2C 21 22 22 24 County's procurement of the supplies and/or maintenance and repair services from County 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: Section 1. That Chapter 21, Part VII, Subsection 21.114 of the Broward County Administrative Code, is hereby amended to read as follows: 21.114. Purchase of Fire and Medical Supplies. The Director of the Purchasing Division shall have the authority to establish a program enabling public officers and public entities (hereinafter sometimes referred. to collectively as "public agencies") within Broward County to purchase fire and medical supplies directly from the County's Fire Rescue Division Logistics Warehouse and where ermitted b the terms of the County's ,contract, allow public agencies to purchase repair and maintenance services for their fire and medical equipment from vendors who have contracts with the County. The program shall include written policies and procedures for accomplishing this objective and shall include, at a minimum, (i) 8 Feasenable administrative fee established by the 11 a requirement that each municipality's Cq Manager and any other public enti 's or public officer's Chief Operating--- Officer provide Q written autherizati 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 behalf of the public agent for the grocurement of 61 supplies and/or maintenance and repair services from County vendors for their fire and medical equipmentand a ii 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 re air 11 services provided to the public agency by the County's vendor for their fire 12 and medical a ui ment. 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 151 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 181 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 24 - purchases -andiff - supplies ffofn the FireI)MsionLogistics i r by i •r ageneies, to 31 Feeaver their• administrativecosts-i - i with -i i - 41 purchasing pfegfarnis established • _ _ i i i - i AdrmimistrativeGede. The - i- ifee sehedulell : i i - v • toall purchases i r r w i• _ ofteni • r i • of + i i i or greatefbutless theni i i 0i 91; a fee of five i of •• of of i• i 2. The written pe'ie'es and preeedures will be pfemulgated by the Direetefs of _ Fire r _ w _ and • - rr i Purehesimg Division withim thirty (30) days of adoption of this resolution and VVITI -W1= i as . i -reeerd.The fee-- im i-posiedite recover administrative eests- the - - iat leastanmually G • detefrnimethe - - - ofthe ehargem The wfittenpolieies amd preeeduFesfOF preeuFemefiti -warehousesigall beapplied equally to all partieipating- - •SectionSEVER i 201 If any section, sentence, clause, or phrase of this Resolution is held to be invalid 211 or unconstitutional by any court of competent jurisdiction, then said holding shall in noway affect the validity of the remaining portions of this Resolution. 2 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. 8 This Resolution shall become effective upon its adoption. 10 ADOPTED this 16"o day of 2002, 3t 4-99 11 PMElsmc 5/15/02 12 1ogisksmsompd #02-069 13 14 15 16 17 18 19 20 21 22 23 STATE OF FLORIDA ) ) SS COUNTY OF BROWARD ) I, ROGERJ. 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 above 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 15th day of October, 2002. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 16`h day of October, 2002. nI;' 9'G�iCL'.rJ/• VQ •, p � t1'r iy rt*" (SEAL) ROGER J. DESJARLAIS COUNTY ADMINISTRATOR By %- Deputy Clerk l Icrnp. ►�•so . IO GLI 3. BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA RELEASE AND WAIVER OF LIABILITY FOR THE PURCHASE OF FIRE AND MEDICAL SUPPLIES NOTICE: This Release and Waiver of Liability form when signed is a contract with legal consequences. PLEASE READ IT CAREFULLY BEFORE SIGNING! TO BROWARD COUNTY: In consideration of the opportunity afforded to the .--_to participate in a program established by the County to enable municipal fire rescue departments to purchase fire and medical supplies directly from the County s Fire Rescue Division Logistics Warehouse, makes the following contractual representations and agreements. its officers, agents, and employees do hereby knowingly, freely and voluntarily RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE BROWARD COUNTY its officers, agents and employees from and against any and all liability or claims of any nature whatsoever, including damages sustained by third persons directly or indirectly in connection with or arising out of the municipality's procurement use maintenance or storage of the fire and medical supplies purchased from the County's Fire Rescue Division Logistics Warehouse. 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 be a complete and unconditional release of any and all liability to the greatest extent allowed by law and agrees that if any portion of this contract is held to be invalid, the balance notwithstanding shall continue in full force and effect. This Waiver and Release of Liability once executed by the governmental unit shall be deemed continuing in nature and shall remain in full forge and effect for all purchases made by the governmental unit under the program. RELEASE AND WAIVER OF LIABILITY FOR THE PURCHASE OF FIRE AND MEDICAL SUPPLIES CITY ATTEST: _ ` . Y [Type name of governmental unit] By Municipal Clerk By Mayor (CORPORATE SEAL) e:Wphu,acas nC%REL-AVA-RCv.ao1 Jury 1 ZW1 day of 20G -3 By nicipal Manager o< ; day of _� 6, ct_4 e, -j-7",. _ � . 200,5 APPROVED �S TO FORM: By MunicipatAttompy T- d so I is I oo-l/a3WNum 3fts deb = T 0 co e T i nr ►-- ca_, �_'; c r�� .. _,. �- t. "�) L� n.� "� _ �_ �:._:� _ �Q ..�,7� G"i � _ _ _. `.._ W