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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-2441 TEMP RESO #8008 Page 1 Revision #1 9/25/97 Revision# 2 9/29/97 Revision #3 10/1 /97 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 TEMP RESO #8008 Page 2 Revision #1 9/25/97 Revision# 2 9/29/97 Revision #3 10/1/97 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. �l F�' TEMP RESO #8008 Page 3 Revision #1 9/25/97 Revision# 2 9/29/97 Revision #3 10/1 /97 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 • 1 2 3 4 5 6 7 8 9 10 1L 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 • 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 • • • 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 11 BROWARD, COUNTY, FLORIDA: 12 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: 15 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 19 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 24 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 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 33 Purchasing Division Director is authorized to enter into any necessary -2- EXHIBIT "A" OCT-10-1996 09:35 P.63 1 agreements in order to implement this section: provided that such agreements 2 are first approved by the County Attomey's Office. 3 4 Section 2. That Section 36.7 of the Broward County Administrative Code is hereby 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 9 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; 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 lb is17 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 19 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 Z9 "resolution" may be changed to "section," "article," or such other appropriate word or phrase 30 ip order to accomplish such intentions. 31 32 33 EXHIBIT "A" OC;I-10-19% 08!36 P.04 E C� C� 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 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"