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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-2665or TEMP RESO #8355 Page 1 Revision #1: 9/8/98 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 TEMP RESO #8355 Page 2 Revision #1: 9/8/98 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. TEMP RESO #8355 Page 3 Revision #1: 9/8/98 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