HomeMy WebLinkAboutCity of Tamarac Resolution R-96-243TEMP RESO #7559
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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
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"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
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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
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,
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A RESOLUTION OF THE BOARD OF COUNTY
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COMMISSIONERS OF BROWARD COUNTY, FLORIDA,
AMENDING CHAPTER 21, PART VII, OF THE
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BROWARD COUNTY ADMINISTRATIVE CODE;
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PROVIDING FOR THE INCLUSION OF SECTION 21.114
AUTHORIZING THE PURCHASING DIVISION
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DIRECTOR TO ESTABLISH A PROGRAM ENABLING
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MUNICIPAL FIRE RESCUE DEPARTMENTS WITHIN
BROWARD COUNTY TO PURCHASE FIRE AND
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MEDICAL SUPPLIES DIRECTLY FROM THE FIRE
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RESCUE 0I.V1SION LOGISTICS WAREHOUSE;
PROVIDING FOR SEVF,RABILITY; AMENDING
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SECTION 36.7 OF THE BROWARD COUNTY
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ADMINISTRATIVE CODE, RELATING TO THE
SCHEDULE OF FEF..S AND CHARGES FOR SERVICES
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PROVIDED BY THE BROWARD COUNTY FIRE
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RESCUE DIVISION, TO INCLUDE AN
ADMINISTRATIVE FEE ON ALL PURCHASES OF
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SUPPLIES FROM THE WAREHOUSE TO RECOVER
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THE COUNTY'S ADMINISTRATIVE COSTS
ASSOCIATED WITH IMPLEMENTING THE
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PROGRAM; PROVIDING FOR INCLUSION IN THE
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BROWARD COUNTY ADMINISTRATIVE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the County's Fire Rescue Division Logistics Warehouse stocks fire and
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medical supplies purchased by Broward County for use within the Division's service area;
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and
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WHEREAS, several municipal fire rescue departments have requested permission
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from the County to purchase fire and medical supplies directly from the County's warehouse
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since the County purchases supplies in great volume and, therefore, is entitled to price
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discounts not available to the municipalities; and
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WHEREAS, the Board of County Commissioners desires to cooperate with
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municipal fire rescue departments and provide a system whereby this procurement can be
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,
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effectuated; and'
FACSIMILE MANSMItT'AL MEMO NO. pP PAQEB '
9B+ubnn `Y"
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Te:
c MPANY CCe ANY f
FAN: FAX
GATE: I) —I 0 ti-( PHONI'
EXHIBIT "A"
OCT-10-1996 02:35
P.02
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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
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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
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of supplies from the warehouse to recover the County's administrative costs associated with
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9 implementing the program; NOW, THEREFORE,
10 BE 1T 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, Pant V11, 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
is municipal fire rescue departments within Broward County to purchase fire and
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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
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
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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
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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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Purchasing Division Director is authorized to enter into any necessary
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EXHIBIT "A"
OCT-16-1996 Oe:35 P.93
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agreements in order to implement this section. provided that such agreements
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are first approved by the County Attorney's Office.
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Section 2. That Section 36.7 of the Broward County Administrative Code is hereby
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amended to include an administrative fee on all purchases of fire and/or medical supplies
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from the Fire Rescue Division Logistics Warehouse, 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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program to be established under Section 21.114 of the Broward County Administrative
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Code._ The following fee schedule shall be applicable to all purchases referenced herein.
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Purchases of less than S 1,500.00 -- a fee of ten percent (10%)
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Purchases of $1,500.00 or greater but less than $5,000.00 -- a fee of five percent (5%)
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Purchases of $5,000,00 or greater -- a fee of four percent (4%)
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Section 3_ The written policies and procedures will be promulgated by the Directors
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of the Fire Rescue Division and Purchasing Division within thirty (30) days of adoption of
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this resolution and will be available as a public record. The fee imposed to recover the
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County's administrative costs shall be reviewed at least annually to determine the sufficiency
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of the charge. The written policies and procedures for procurement from the warehouse shall
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be apply equally to all participating municipalities.
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Section 4. INCLUSION IN ADMINISTRATIVE CODE,
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It is the intention of the Board of County Commissioners that the provisions of this
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Resolution shall become and be made a part of the Broward County Administrative Code;
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and that the sections of this Resolution may be renumbered or relettered and the word
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"resolution" may be changed to "section," "article," or such other appropriate word or phrase
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ip order to accomplish such intentions.
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32.
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-3-
EXHIBIT "A"
OCT-10-1996 08:36 �Y 4 � ` lv�3
P.04
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Section 5. EFFECTIVE DATE.
This Resolution shall become effective upon its adoption
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ADOPTED this L day of r..__ 1996.
P, ME-.v)S
09/ 17/96
gvarehous.r0l
096-069
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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"