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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-243TEMP RESO #7559 Page 1 10/8/96 Revision #1: 10/15/96 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-96- Zq,3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; ALLOWING THE FIRE DEPARTMENT TO PURCHASE MEDICAL AND FIREFIGHTING SUPPLIES FROM BROWARD COUNTY FIRE RESCUE DURING FY97, AT A TOTAL COST NOT TO EXCEED EIGHTY-TWO THOUSAND FIVE HUNDRED ($82,500.00), 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 (11,500.00) and less than five thousand dollars($5,000), and four (4) percent for each purchase greater than five thousand dollars ($5,000)(exhibit TEMP RESO #7559 Page 2 10/8/96 Revision #1: 10/15/96 "A"; and 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 §6-151.3 allows the Interim Purchasing Officer to purchase noncompetitive supplies when the best interest of the City will be served; and WHEREAS, it is the recommendation of the Fire Chief and the Purchasing Officer 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; and 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-, That purchases can be made during FY97 from Broward County Fire Rescue in an amount not to exceed Eighty -Two Thousand Five Hundred ($82,500). SECTION 3: The appropriate City officials are hereby authorized to execute the Waiver I 1 FJ TEMP RESO #7559 Page 3 10/8/96 Revision #1: 10/15/96 of Liability between the City of Tamarac, Florida, and Broward County, Florida, for purchases of medical and firefighting supplies (A copy of the Waiver is attached as Exhibit "B"). SE.CIIQN 4: All resolutions or parks 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 day of VL� , 1996. tO� ojo RMAN ABRAMOWITZ MAYOR ATTEST: AROL A. EVANS ,-CITY CLERK 111W:7:u-3'Z, MITCHELL S. KRA CITY ATTORNEY FIRE/FORSBERG that I Ave approved this RESOLUTION as to form. Wr....s-- .-nuuiS910N VOTE TIE MAYOR. p'IST "1: pIIsT 2: DIST 3: DIST 4: OCT-10-1996 08 34 r �� r A , /5 P.01 RESOLUTION 96-090P 1 , 2 A RESOLUTION OF THE BOARD OF COUNTY 3 COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AMENDING CHAPTER 21, PART VII, OF THE 4 BROWARD COUNTY ADMINISTRATIVE CODE; g PROVIDING FOR THE INCLUSION OF SECTION 21.114 AUTHORIZING THE PURCHASING DIVISION 6 DIRECTOR TO ESTABLISH A PROGRAM ENABLING 7 MUNICIPAL FIRE RESCUE DEPARTMENTS WITHIN BROWARD COUNTY TO PURCHASE FIRE AND 8 MEDICAL SUPPLIES DIRECTLY FROM THE FIRE 9 RESCUE 0I.V1SION LOGISTICS WAREHOUSE; PROVIDING FOR SEVF,RABILITY; AMENDING 10 SECTION 36.7 OF THE BROWARD COUNTY 11 ADMINISTRATIVE CODE, RELATING TO THE SCHEDULE OF FEF..S AND CHARGES FOR SERVICES 12 PROVIDED BY THE BROWARD COUNTY FIRE 13 RESCUE DIVISION, TO INCLUDE AN ADMINISTRATIVE FEE ON ALL PURCHASES OF 14 SUPPLIES FROM THE WAREHOUSE TO RECOVER 15 THE COUNTY'S ADMINISTRATIVE COSTS ASSOCIATED WITH IMPLEMENTING THE 16 PROGRAM; PROVIDING FOR INCLUSION IN THE 17 BROWARD COUNTY ADMINISTRATIVE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 18 19 20 WHEREAS, the County's Fire Rescue Division Logistics Warehouse stocks fire and 21 medical supplies purchased by Broward County for use within the Division's service area; 22 and 23 24 WHEREAS, several municipal fire rescue departments have requested permission 25 from the County to purchase fire and medical supplies directly from the County's warehouse 26 since the County purchases supplies in great volume and, therefore, is entitled to price 27 28 discounts not available to the municipalities; and 29 WHEREAS, the Board of County Commissioners desires to cooperate with 30 municipal fire rescue departments and provide a system whereby this procurement can be 31 , 32 effectuated; and' FACSIMILE MANSMItT'AL MEMO NO. pP PAQEB ' 9B+ubnn `Y" 33 Te: c MPANY CCe ANY f FAN: FAX GATE: I) —I 0 ti-( PHONI' EXHIBIT "A" OCT-10-1996 02:35 P.02 b� r� u • 1 WHEREAS, the Board of County Commissioners desires to amend Chapter 21, Part 2 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 g WHEREAS, the Board of County Commissioners desires to amend Section 36.7 of 6 the Broward 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 9 implementing the program; NOW, THEREFORE, 10 BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 11 BROWARD, COUNTY, FLORIDA: 12 i 13 Section 1. That Chapter 21, Pant V11, 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 is 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 22 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 administrative 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 Purchasing Division Director is authorized to enter into any necessary 33 -2- EXHIBIT "A" OCT-16-1996 Oe:35 P.93 1 agreements in order to implement this section. provided that such agreements 2 are first approved by the County Attorney's Office. 3 Section 2. That Section 36.7 of the Broward County Administrative Code is hereby 4 5 amended to include an administrative fee on all purchases of fire and/or medical supplies 6 from the Fire Rescue Division Logistics Warehouse, by municipal fire rescue departments, 7 to recover the County's administrative costs associated with implementing the purchasing 8 g program to be established under Section 21.114 of the Broward County Administrative 10 Code._ The following fee schedule shall be applicable to all purchases referenced herein. 11 Purchases of less than S 1,500.00 -- a fee of ten percent (10%) 12 13 Purchases of $1,500.00 or greater but less than $5,000.00 -- a fee of five percent (5%) 14 Purchases of $5,000,00 or greater -- a fee of four percent (4%) 15 Section 3_ The written policies and procedures will be promulgated by the Directors 16 17 of the Fire Rescue Division and Purchasing Division within thirty (30) days of adoption of 18 this resolution and will be available as a public record. The fee imposed to recover the 14 County's administrative costs shall be reviewed at least annually to determine the sufficiency 20 21 of the charge. The written policies and procedures for procurement from the warehouse shall 22 be apply equally to all participating municipalities. 23 Section 4. INCLUSION IN ADMINISTRATIVE CODE, 24, 25 It is the intention of the Board of County Commissioners that the provisions of this 26 Resolution shall become and be made a part of the Broward County Administrative Code; 27 and that the sections of this Resolution may be renumbered or relettered and the word 28 29 "resolution" may be changed to "section," "article," or such other appropriate word or phrase 30 ip order to accomplish such intentions. 31 32. 33 -3- EXHIBIT "A" OCT-10-1996 08:36 �Y 4 � ` lv�3 P.04 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 r1 u Section 5. EFFECTIVE DATE. This Resolution shall become effective upon its adoption i� ADOPTED this L day of r..__ 1996. P, ME-.v)S 09/ 17/96 gvarehous.r0l 096-069 i a TOTAL P,04 EXHIBIT "A" From: FRANK BUCHERT BCFRILOCISTICS Fox! (954) 831.8289 Valrc (%4) 931a259 To: Psul Forsberg Psge 2 of 2 Wednesday, October 09. 1995 10:48:44 AM eqZ/3 BOARD OF COUNTY CONTIUSSIONERS BR(_riti'ARI) C`OITNTTY, FLORIDA RFI,F..ASF, ANTI) W MVER OF 1,11:1BITATY FOR TITF. PURCHASE OF FIRE AND MEDICAL SUPPLIES NOTICE: This Release and Waives of Liability t'o1rn -when signed is a contract -Avith legal consequences. PLEASE READ IT CAREFULLY BEFORE SIGIN`ING! TO BROWARD COI.TN7Y: In consideration of the oppottunity afforded to the City of Tamarac to participate in a program established by the County to enable mtulicipal fire rescue departments to purchase fire and medical supplies direct-}' fi'om the C'ottntvs Fire Rescue Division Logistics Warehouse, the City of Tamarac makes the followiiig conttactllal representations and agreements. The. City -.of. - Tamarac. its officers agents and employees do hereby knowingly, freely, and voluntarily RELEASE NVAIVE DISCHARGE AND COVENANT NOT TO SUE BRONYARD COUNTY Its officers, agents_ and employees fiont and against any and all liability or claims of any nature whatsoever. including darnages sustained by thud persons directly or indirectly in cotunection with or atisulg out of the municipality's procurernent use maintenance or storage of the fue and medical supplies purchased fiont the County's Fire Rescue Division Logistics Warehouse, The City of Tamarac _ ^_ has read tile above provisions, fully understands the teens, and mideistands that it is giving up substantial tights bysignhig this docurrtent and has sigtred it fi-eely and without any inducerrtent or assurance of ally 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 uiy pottion of this contract is held to be invalid, the balance notwithstanding shall continue un full force and effect. This Waiver and Release of Liability once executed by file rnuuicipalit.y shall be deemed cotlluntirtg in nature acid shall remain nt full force and effect fir all purchases made by the municipality under the progtarn. RELEASE AND WAIVER OF LIABILITY FOR THE PURCHASE OF FIRE AND MEDICAL SUPPLIES CITY ATTEST: The City of Tamarac [ By T in Name of Municipality ] %� Municipal Clerk Carol A. Evans, CMC By City Clerk Mayor Norman Abramowit (CORPORATE SEAL) • O day of or--Olrer 119 s: Municipal Manager Robert Noe, Jr. 2—"day o Kraft EXHIBIT "B"