HomeMy WebLinkAboutCity of Tamarac Resolution R-98-2665or
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98- ,A66
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA; ALLOWING THE FIRE
DEPARTMENT TO PURCHASE MEDICAL SUPPLIES FROM
BROWARD COUNTY FIRE RESCUE DURING FY99, AT A
TOTAL COST NOT TO EXCEED SEVENTY THOUSAND
DOLLARS ($70,000.00), AND EXECUTING A LIABILITY
WAIVER FOR THE PURCHASES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Tamarac Fire Department purchases many different items in
small quantities; and
WHEREAS, Broward County Fire Rescue is able to purchase in large quantities
with discounts; and
WHEREAS, Broward County Fire Rescue must comply with the purchasing
requirements of Broward County including the obtaining of bids; and
WHEREAS, Broward County Fire Rescue will sell supplies to the City of
Tamarac for cost plus a handling charge of ten (10%) percent for each purchase under
fifteen hundred dollars ($1,500.000), five (5%) percent for each purchase greater than
fifteen hundred dollars ($1,500.00) and less than five thousand dollars ($5,000), and
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four (4%) percent for each purchase greater than five thousand dollars ($5,000)(Exhibit
maim"
WHEREAS, 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 readily available, requiring minimal storage
space in Tamarac; and
WHEREAS, funds for these purchases have been budgeted in the Fire/Rescue
fund; and
WHEREAS, City Code 46-155 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; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the City of Tamarac to authorize the purchase of supplies from
the Broward County Fire Rescue Logistics Division.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing AWHEREAS- clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution.
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SECTION 2: That purchases can be made during FY99 from Broward County
Fire Rescue in an amount not to exceed Seventy Thousand ($70,000) dollars.
SECTION 3: The appropriate City Officials have executed a liability waiver for
purchases of medical supplies from Broward County and which is on file with Broward
County logistics (attached copy 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.
SECTION 6- This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this a day of `--h1998.
,
JOE SCHREIBER
RECORMQ>I~F COMMISSIQN VOTE
ATTE T: MAYOR SCHREIBER
DIST 1: COMM, MWAYE _
DIST 2: V/M MISHKIN
CAROL GOL MC/AAE, CITY CLERK DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS /y
rH E� E IFY at I have approved this RESOLUTION as to form.
—Mlle ELL S. FT
CITY ATTOR Y
a Y y we Exhibit B„
Temp Reso 8355
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
consequence. PLEASE READ IT CARE��ULLY 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 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.
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.
RELEASE AND WAIVER OF LIABILITY
FOR THE PURCHASE OF FIRE AND MEDICAL SUPPLIES
ATTEST:
By: Zt1�-X ,-/
Carol A. Evans, CMC
City Clerk
(CORPORATE SEAL)
City of Tamarac
BY: e.
yor . Joe Schreiber
8 day of October, 1997
BY. '- S
n �.
city Manager, Robert . Noe, Jr.
8 day of October, 1997
APPROVE AS TO F
BY:
M chell S. Kraft, C' Attorney