HomeMy WebLinkAboutCity of Tamarac Resolution (261)TEMP RESO #9891
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-261
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 FY03, 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 plus an administrative fee of ten (10%) percent
for each purchase under fifteen hundred dollars ($1,500), five (5%) percent for each
purchase greater than fifteen hundred dollars ($1,501) but less than five thousand
dollars ($5,000), and four (4%) percent for each purchase greater than five thousand
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dollars ($5,000) as outlined in the Broward County Resolution attached hereto as
Exhibit "A"; 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
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 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
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
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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 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 FY03 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.
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SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this A51h day of September, 2002.
JOE SCHREIBER
MAYOR
ATTEST:
Lc
RECORD OF COMMISSION
VOTE:
MARION SWENSON, CMC
MAYOR SCHREIBER
AYE
CITY CLERK
DIST 1: V/M. PORTNER
AYE
DIST 2: COMM. MISHKIN
AYE
DIST 3: COMM. SULTANOF
AYE
DIST 4: COMM. ROBERTS
AYE
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
IITCHELL-S. KaA ,T,'
CITY ATTORNEY`
1
BOARD OF COUNTY COMMISSIONERS TEMP. RESO. 9891
BROWARD COUNTY, FLORIDA EXHIBIT B
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 consequence. PLEASE READ IT CAREFULLY BEFORE SIGNING.
TO BROWARD COUNTY: In consideration of the opportunity afforded to the City
of Tamarac, 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, the City of
Tamarac makes the following contractual representations and agreements.
The City of Tamarac, its officers, agents and employees to 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.
The City of Tamarac 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 municipality shall be
deemed continuing in nature and shall remain in full force and effect for all
purchases made by the municipality under the program.
ATTEST:
BY:
Marion Swenson, CMC
City Clerk
(CORPORATE SEAL)
City of Tamarac
BY: : r
Mayor Joseph Schreiber
l St day of October, 2002
BY4
Jeffrey L. Miller
City Manager
day of October, 2002
APPROVED AS TO FORM:
aMitc4eAlls.,
ft
City Attorney