HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-297TEMP RESO #9550
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-297
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 FY02, IN AN AMOUNT NOT TO
EXCEED NINETY THOUSAND DOLLARS ($90,000.00);
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 ($1,500) but less than five thousand
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dollars ($5,000), and four (4%) percent for each purchase greater than five thousand
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
Warehouse.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
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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
Ninety Thousand ($90,000) dollars for FY02 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 241h day of October, 2001.
ATTEST:
MARION SWE SON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
MITCHELL S. Kf
CITY ATTORN
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JOE w
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RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Ayei
DIST 1: COMM. PORTNER Aye,,-
DIST 2: COMM. MISHKIN A e/
DIST 3: VIM SULTANOF Al e�
DIST 4: COMM. ROBERTS A &
CI"II� ■ ■ RCL�U r RJ w<.J ZJ U
EXHIBIT A
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RESOLUTION 98-090�
A RESOLUTION OF THE, BOARD OF COUNTY
COMMISSIONERS OF BROWARD COUNTY, FLORIDA.
AMENDING CHAPTER 21, PART VII, OF THE
BROWARD COUNTY ADMINISTRATIVE CODE;
PROVIDING FOR THR. INCLUSION OF SECTION 21.114
AUTHORIZING THE PURCHASING DIVISION
DIRECTOR TO ESTABLISH A PROGRAM ENABLING
MUNICIPAL TIRE RESCUE DEPARTMENTS WITHIN
BROWARD COUNTY TO PURCHASE FIRE AND
MEDICAL SUPPLIES DIRECTLY FROM THE FIRE
RESCUE DIVISION LOGISTICS WAREHOUSE;
PROVIDING FOR SEVERABILITY; AMENDING
SECTION 36.7 OF THE BROWARD COUNTY
ADMINISTRATIVE CODE, RELATING TO THE
SCHEDULE OF FEES AND CHARGES FOR SERVICES
PROVIDED BY THE BROWARD COUNTY FIRE
RESCUE DIVISION, TO INCLUDE AN
ADMINISTRATIVE FEE ON ALL PURCHASES OF
SUPPLIES FROM THE WAREHOUSE TO RECOVER
THE COUNTY'S ADMINISTRATIVE COSTS
ASSOCIATED WITH IMPLEMENTING THE
PROGRAM; PROVIDING FOR INCLUSION IN THE
BROWARD COUNTY ADMINISTRATIVE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the County's Fie Rescue Division Logistics Warehouse stocks fire and
medical supplies purchased by Broward County for use within the Di -vision's service area;
and
WHEREAS, several municipal fire rescue departments have requested permission
fiom the County to purchase fire and medical supplies directly fivm the County's warehouse
since the County purchases supplies in great volume and. therefore, is entitled to price
discounts not available to the municipalities: and
WHEREAS. the Board of County Commissioners desires to cooperate with
municipal fire rescue departments and provide a system whereby this procurement can be
#kutuated; and
FAGOM TAAMBAHrTAL (MEMO na o�.rair
,Q mnar �P
P.02
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1 WW.REAS, the Board of County Commissioners desires to amend Chapter 21. Part
z V11, of the Broward County Administrative Code, creating a section 21.114 authorizing the
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4 Purchasing Director to establish the methods and procedures to provide this service; and
5 WIiEREAS. the Board of County Commissioners desires to amend Section 36.7 of
6 the Bruward County Administrative Code to establish an administrative fee on all purchases
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of supplies from the warehouse to recover the County's administrative costs associated with
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y it plementing the program; NOW, THEREFORF,,
10 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
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BROWARD, COUNTY, FLORIDA:
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13 Section 1. That Chapter 21, Pad VII, of the Broward County Administrative Code,
14 is hereby amended to include a subsection 21.114 to read as follows:
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21,114. Purchase of Fire and Medical Supplies. The Director of the
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17 Purchasing Division shall have the authority to establish a program enabling
18 municipal fire rescue departments within Broward County to purchase fire and
19 medical supplies directly from the County's Fire Rescue Division Logistics
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21 Warehouse. The program shall include written policies and procedures for
2z accomplishing this objective and shall include, at a minimum, (i) a reasonable
23 administrative fee established by the Board of County Commissioners to be
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25 imposed on all purchases to cover the County's adrninWrative costs associated
26 with implementing the program, (ii) a requirement that each municipality
27 provide written authorization to the County as to who is qualified to purchase
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29 the supplies on behalf of the municipality, and (iii) a requirement that each
30 - municipality execute a waiver and release of liability in favor of Broward
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County in connection with the County's procurement of the supplies. The
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33 Purchasing Division Director is authorized to enter into any necessary
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EXHIBIT "A"
1 agreements in order to implement this section: provided drat sucb agreements
2 are first approved by the county Attorneys Ofi'rce-
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4 Sedioa 2- That Section 36.7 of the Browaud County Administrative Cote is hereby
g atnended to include an administrative fee an all purebases of fare anftt medical supplies
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fijom the rut It== division Logistics Warehoum by municipal fire rescue departments,
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to recover the County's administrative costs associated with implementing the purchasing
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g program to be cstablidwd under Seddon 21.114 of the Bromrard County Administrative
Ld Code.. The following fee schedule shall be appiicakc to all purchases referenced herein:
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Purchases of less than S 1,500.00 -- a fee of urn percent (10%)
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13 Purchases of 21,500A0 or heater but less than S5,000.00 -- a fee of five perceat (5%)
14 Purchases of S5.000.00 or greater -- a fee of four percent (4Y.)
Section 3. The written policies amd procedures will be p muskated by the Directors
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17 of tits F"ne Rescue Division and purchasing Division within thirty (30) days of adoption of
15 this resolution and will be available as a public record: The fee imposed to recover the
19 CaWs a ve costs sha11 be reviewed at least annually to determine the sufficiency
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21 of due charge- The writom policies and procedu ms far procurement 0 om the warehouse shall
Z2 I e apply eNallyto all puticipat"g munic%lities-
21 Section 4- EMMUSION IN ADN MSTRATIVE CODE.
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23 It Is the intention of the Board of County Commissioners @hat the provisions of this
26 Rcsolmuign shall became and be made a part of due Brawwd County A ctive Conk:
27 and that the sections of this Resolution may be renumbered or ratetrered and the wad
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29 pnolution" may be chazrged to "section." -article." or s o& other appropriate word or please
30 lu murder to accomplish set ems.
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EXHI81x A` .�
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EFFECTIVE DATE.
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Section S.
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This Resolution shall become effcctivc upon its adoption
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day of 1996.
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ADOPTED this
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*avehous.rol
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#96-069
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TOTAL P.04
BOARD OF COUNTY COMMISSIONEko
BROWARD COUNTY, FLORIDA
tmr. r,tcu. u n n u
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
fnunicipal 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:
I0-ya
Marion Swenson, CMC
City Clerk
(CORPORATE SEAL)
City of Tamarac
Mayor Joseph Schreiber
day of October, 2001
Jeffrey L. Miller
City Manager
day of October, 2001
APPROVED AS TO FORM:
Mitchell S. Kraft
City Attorney