HomeMy WebLinkAboutCity of Tamarac Resolution R-97-2441
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97- c;? fl
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 FY98, 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
"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 §6-155 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 "WHEREAS" 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 FY98 from Broward County Fire
Rescue in an amount not to exceed Seventy Thousand ($70,000) dollars.
SECTION 3: The appropriate City Officials are authorized to execute a liability
waiver for purchases of medical supplies from Broward County,
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 9' day of dc��C�+ 1997.
CLe
JOE SCHREIBER
MAYOR
ATTEST:
4m, EVANS
CITY CLERK
aIR BY CER at I have approved this RESOLUTION as to form.
RECORD OF COMMISSION
ELL MAYOR SCHREIBER
CITY ATTORNEY DIST 1: COMM. Mr-KAYE
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULT,
DIST 4:
COMM. ROBE
�c57ay
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 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 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
►.111r�-"
By:
Carol A. Evans, CMC
City Clerk
0 (CORPORATE SEAL)
City of Tamarac
BY:
yor Joe Schreiber
8 �}daay of October, 1997
BY: l -�1 Sn
_ t-r.
City Manager, Robert . Noe, Jr.
8 day of October, 1997
APPROVED AS TO F
EXHIBIT "B"
re ,v, I' I " C ' Nam• ,
Mitchell S. Kraft, CwAttorney
OCT-10--1996 08'.34 T L/ P.01
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EX#1$IT A
Ti;inp kw* $ao$
RESOLUTION 96-090a
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF BROWARI) COUNTY, FLORIDA,
AMENDING CHAPTER 21. PART VII, OF THE
BROWARD COUNTY ADMINISTRATIVE CODE;;
PROVIDING FOR THE INCLUSION OF SECTION 21.114
AUTHORIZING THE PURCIIASING DIVISION
DIRECTOR TO ESTABLISH A PROGRAM ENABLING
MUNICIPAL FIRE 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 FRONT 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 Fire Rescue Division Logistics Warehouse stocks fire and
medical supplies purchased by Broward County for use within the DiNision's service area;
and
WHEREAS, several municipal fire rescue departments have requested permission
from the County to purchase fire and medical supplies directly from 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
►llwiLelpal fue rescue departments and provide a system whereby this procurement can be
effectuated; and
FACSIMILE TRANSMITTAL MEMO NQ QF PAOFS:
Fwnr.
rYL
COMPANY:
FAX
PHONE
To: r6
COMPANY 1
FAr
DA%i
o-icz,
EXHIBIT "A"
OCT-10-1996 06 35 l
P.02
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1 WHEREAS, the Board of County Commissioners desires to amend Chapter 21, Part
2 Vil, 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 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
8of supplies from the warehouse to recover the County's administrative costs associated with
9 implementing the program; NOW, THEREFORE,
10 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
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BROWARD, COUNTY, FLORIDA:
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13 Section i. That Chapter 21, Part VII, of the Broward County Administrative Code,
14 is hereby amended to include a subsection 21.114 to read as follows:
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16 21.114. Purchase of Fire and Medical Supplies. The Director of the
17 Purchasing Division shall have the authority to establish a program enabling
18 municipal fire rescue departments within Broward County to purchase fire and
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20 medical supplies directly from the Comity's Fire Rescue Division Logistics
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 Cou nty'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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33 Purchasing Division Director is authorized to enter into any necessary
-2-
EXHIBIT "A"
OCT-10-1996 09:35
P.63
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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 Attomey'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
1-0
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
lb
is17
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.
24.
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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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Z9
"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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EXHIBIT "A"
OC;I-10-19% 08!36
P.04
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Section 5. EFFECTIVE DATE.
This Resolution shall become effective upon its adoption
ADOPTED this L day of &ZC2(`0r�. 1996.
I;
PME;vjg
! 9/ 17/96
gvarehous.rO l
#96-069
IME
TOTAL P.04
EXHIBIT "A"