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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-297TEMP RESO #9550 Page 1 09/27/01 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 TEMP RESO #9550 Page 2 09/27/01 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: TEMP RESO #9550 Page 3 09/27/01 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. 1 1 1� 1 TEMP RESO #9550 Page 4 09/27/01 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 0- JOE w w 11 4 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 P.01 • C� 0 112 31 4 51 6 7 8 9 10 111 12' 13 14 15 16 17 18, 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 0 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 • • C7 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 3 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 7 of supplies from the warehouse to recover the County's administrative costs associated with 8 y it plementing the program; NOW, THEREFORF,, 10 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 11 BROWARD, COUNTY, FLORIDA: 12 i 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: 15 21,114. Purchase of Fire and Medical Supplies. The Director of the 16 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 20 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 24 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 28 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 31 County in connection with the County's procurement of the supplies. The 32 i 33 Purchasing Division Director is authorized to enter into any necessary ^2- EXHIBIT "A" 1 agreements in order to implement this section: provided drat sucb agreements 2 are first approved by the county Attorneys Ofi'rce- 3 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 6 fijom the rut It== division Logistics Warehoum by municipal fire rescue departments, 7 to recover the County's administrative costs associated with implementing the purchasing 8 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: 11 Purchases of less than S 1,500.00 -- a fee of urn percent (10%) 12 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 16 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 20 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. 24 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 - 29 pnolution" may be chazrged to "section." -article." or s o& other appropriate word or please 30 lu murder to accomplish set ems. 31 1 32 33 EXHI81x A` .� P.04 EFFECTIVE DATE. 1 Section S. 2 This Resolution shall become effcctivc upon its adoption 3 G day of 1996. 5 ' ADOPTED this 6 7 8 9 10 11 12 13 14 15 16 i 17 18 19 20 21 22 23 24 25 26 27 28 i 29 30ME vjg !17/96 31 *avehous.rol 32 #96-069 33 -a- 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