HomeMy WebLinkAboutR-1998-070 RESOLUTION NO. 70-98
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE A RELEASE AND WAIVER OF
LIABILITY FORM FOR THE PURCHASE OF FIRE AND MEDICAL
SUPPLIES FROM BROWARD COUNTY, FLORIDA; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE
REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
WHEREAS, the Fire Chief has recommended to the City Manager that the City will
realize substantial and significant savings if purchases of fire and medical supplies are
made from the Broward County Fire Rescue Division Logistics Warehouse, which stocks
fire and medical supplies purchased by Broward County for use within its service area;
and
WHEREAS, the County has authorized municipal fire rescue departments to avail
themselves of the significant savings realized by the County, due to County purchases
which are made in great volume, subject to certain conditions to be observed by the
municipalities, which include a requirement that the County be released and liability waived
against it with respect to the purchase, use, maintenance or storage of such supplies when
purchased from the County Fire Rescue Division; and
WHEREAS, the City Attorney has reviewed the release form submitted by Broward
County and there appears to be no impediment to its execution by the proper City officials;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
s� RESOLUTION NO. 70-98
Section 1. That the proper City officials are authorized and directed to execute a release
and waiver of liability form for the purchase of fire and medical supplies, which release
pertains to Broward County, Florida.
Section 2. That the purchase of such supplies by the City shall remain subject to the
purchasing requirements set forth in all applicable City laws and ordinances.
i
Section 3. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED ON THE 28TH DAY OF APRIL, 1998.
MAYOR-COMMISSIONER
A
CLERK-AUD TOR
APPROVED AS TO FORM AND
CORRECTNESS:
/1
CITY AtTORKEY
G1WPFILESMAMANIATIRE&MED SUPPLIES PURCHASE-LIABILITY WAIVER.RES
04/23/9B
RESOLUTION NO. 70-98
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 consequences.
PLEASE READ IT CAREFULLY BEFORE SIGNING!
TO BROWARD COUNTY: In consideration of the opportunity afforded to the City of Dania ( "CITY")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,City of Dania ( 'CITY"makes
the following contractual representations and agreements.
City of Dania ( "CITY") 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.
City of Dania ( "CITY") 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
CITY
ATTEST
City of Dania
( Type in Name of Municipality
Munici 1 Clerk
Marie Jabalee By �,1,
Mayor _ Jim Cali
1st_dayof M 1998
BY
MilI
h el mith
1st daf May _ 1998
(CORPORATE SEAL)
APPROVED AS TO FORM
1��
tl--
BY .— M
Muni al Attorney Thomas Ansl�ro
A
J
1 RESOLUTION NO.
2 A RESOLUTION OF THE BOARD OF COUNTY
3 COMMISSIONERS OF BROWARD COUNTY,FLORIDA,
AMENDING CHAPTER 21, PART VI1, OF THE
4 BROWARD COUNTY ADMINISTRATIVE CODE;
5 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
BR011'ARD COUNTY TO PURCHASE FIRE AND
8 MEDICAL SUPPLIES DIRECTLY FROM THE FIRE
9 RESCUE DIVISION LOGISTICS WAREHOUSE;
PROVIDING FOR SEVERABILITY; AMENDING
10 SECTION 36.7 OF THE BROWARD COUNTY
11 ADMINISTRATIVE CODE, RELATING TO THE
SCHEDULE OF FEES 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
23 and
24 W IIEREAS, several municipal fire rescue departments have requested permission
25 from die County to purchase fire and medical supplies directly from the County's warehouse
i 26
27 since the County purchases supplies in great volume and, therefore, is entitled to price
28 discounts not available to the municipalities; and
I
29 WIIEREAS, the Board of County Commissioners desires to cooperate with
30
11
31 municipal fire rescue departments and provide a system whereby this procurement can be
32 effectuated; and
33
i .
1 WIIEREAS, tie Board of County Commissioners desires to amend Chapter 21, Pall
2 VII, of the Broward County Administrative Code, creating a section 21.114 authorizing the
3
Purchasing Director to establish the methods and procedures to provide this service, and
4
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
of supplies from tie warehouse to recover the County's administrative costs associated will,
8
9 implementing [lie program. NOW,T'l1EREFORE,
10 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
11
BROWARD, COUNTY, FLORIDA:
12
13 Section 1. 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
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
18 municipal fire rescue departments within Broward County to purchase fire and
19
medical supplies directly from the Coumy'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
i
23 administrative fee established by the Board of County Commissioners to be
I
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 10 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 connectio, with the County's procurement of the supplies. The
32
33 Purchasing Division Director is authorized to enter into any necessary
-2-
I -1
I agreements in order to implement this section;provided that such agreements
2 arc first approved by tire 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 die Fire Rescue Division Logistics Warehouse, by municipal fire rescue departments,
7.
8 to recover die Counry's administrative costs associated with implementing the purchasing
9 program to be established under Section 21.114 of the Broward County Adminisnative
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 icn percent (10%)
12
13 Purchases of 51,500.00 or greater but less than b5,000.00--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 die Fire Rescue Division and Purchasing Division within thirty(30)days of adoption of
i
18 this resolution and will be available as a public record. The fee imposed to recover the
i
19
County's administrative costs shall be reviewed at least annually to determine the sufficiency
20
21 of die charge.Tire 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,
I 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 die Broward County Administrative Code,
27 and that the sections of this Resolution may be renumbered or releacred and the word
28
29 "resolution"may be changed to"section," "article,"or such other appropriate word or phrase
30 in order to accomplish such intentions.
31
32
33
-3-
i
I
1 Section 5. EFFECTIVE DATE.
2 This Resolution shall become effective upon its adoption
3
4
5 ADOPTED this _day of _, 1996.
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 PME:vjg
09/17/96
31 warehous.r01
32 1196-069
33
-4-
Human Services Department
Fire Rescue Division
2601 W. Broward Boulevard
Fl, Lauderdale, FL 33312-1308
BROWARD COUNTY (954)831.8200• FAX(954)831-8265
DRAFT COPY
Date: October 11 , 1996
To: Glenn R. Cummings, Director
Broward County Purchasing Division
From: Bruce Moeller, Director
Fire Rescue Division
RE: Policies and Procedures for sale of fire and medical supplies to municipalities
Pursuant to Resolution 96-0902, adopted by the Broward Board of County Commissioners
on October 1 , 1996 [copy attached], the following policies and procedures governing the
sale of fire and medical supplies to municipalities by the logistics section of the Broward
County Fire Rescue Division are submitted:
AUTHORIZATION AND INDEMNIFICATION
As required by the Resolution, each municipality desiring to participate in the program will be
required to provide (1) written authorization as to who is qualified to purchase supplies on
behalf of the municipality, and (2) an executed waiver and release of liability in favor of
Broward County in connection of with the County's procurement of the supplies (sample
document attached). Upon receipt of these documents, copies will be provided to Broward
County's Purchasing and Risk Management Divisions.
PROCEDURES
A. Logistics will provide a catalog of stocked warehouse items to requesting municipalities
B. Upon request, Logistics will prepare a written quotation for purchase of selected items,
including an administrative fee to be applied in the following amounts:
1 . For purchases of less than $1 ,500.00 -- a fee of 10 percent
2. For purchases of $1,500 or greater, but less than $5,000 a fee of 5 percent
3. For purchases of $5,000 or greater a fee of 4 percent
J Cummings - 2
Logistics
October 11 , 1996
tow _..
C. Upon receipt of a municipal purchase order, Logistics will issue requested items from
existing stock or order items to complete the order, as required. Municipalities will be notified
when the items are ready to be picked up.
D. As orders are completed, Logistics will electronically generate an invoice including a
description of the goods provided to the municipality and a "Request to Invoice" Form 403-
801 for transmittal to Accounting Division with a copy of the municipality's purchase order.
E. Accounting Division will prepare an "Invoice" Form 403-803, and mail the white copy with
supporting documentation to the municipality, requesting payment to 8roward County. The
pink copy of the invoice will be forwarded to Logistics for confirmation of correctness of the
amounts and agency billed. The Accounting/Financial Reporting Section will be notified by
Logistics immediately of areas of concern or incorrectness.
F. Upon receipt, Revenue Collection will deposit funds into the appropriate revenue account.
G. Logistics will replace stock items as necessary in order to insure sufficient stock to supply
County and municipal needs.
J
i
Broward County Fire Rescue /Logistics Warehouse Quote
143 N.W.25th Terrace
Fort Lauderdale,FI.33311 Invoice # i. 61141
Phone (954)831-8292 Fax (954)831-8269 --
Order Date: I 10/11/96i
1 Bill To 42i Ship To
(Fire Rescue Division Broward County ;Fire Rescue Division Broward County
IBCFR Logistics jBCFR Logistics
_ .. _
143 N.W. 25 Terrace 1143 N.W. 25 Terrace
---- - - -.
Ft. Lauderdale, FL 33311 fFt Lauderdale, FL 33311
.USA 1831-8200 IUSA 1831 8200
��1Yes i No Purchase Order r 0000000000 Counter Pick-Up �l
Item# Bin Product Description Qty Unit Unit Cost Ext. Cost
i25027 IE I-1610 1LARY Ii6scOPE HANDLE. MEDIUM 1 IEach $16.30 ' $16.30
;2501 4 IM32220 6/P CUFF, ADULT 1 IEach $14.90 $14.90
- Subtotal $31.20
Handling 10A0%; Exempt ❑ Handling 9 PP Charge Applied $3.12
-- -
Grand Total $34.32
I
Broward County Fire Rescue /Logistics Warehouse Invoice
143 N.W.25th Terrace - -
Fort Lauderdale,Fi.33311 InVOice# I 6114i
Phone (954)831-8292 Fax (954)831-8269 Order Date: 10/111961
Bill To . - - 42 Ship To
(Fire Rescue Division Broward County !Fire Rescue Division Broward County
BCFR Logistics -, BCFR_Loglstics
1143 N W 25 Terrace H43 N W 25 Terrace
--- I IFt. Lauderdale, FL 33311
IFt. Lauderdale, FL 33311 _._-_ - -
.-- - .. _.. . _ IUSA �831-8200
'USA �831-8200 _-
I' - 'Nes 411slo Purchase Order I f0000000eG0 Counter '.1
r r e
Item# Bin Product Description _ Qty Unit Unit Cost Ext.Cbst
Each -$16.30 $16.30
25027 EI e6 ILARYNGOSCOPE
25014 IM32220 I HANDLE, MEDIUM 1 -
1B- CU F F/P F. ADULT- . _ .. __- ._ . 1 (Each $14.90 $14.90
Subtotal $31.20
Handling 10.00%i Exempt ❑ Handling Charge Applied $3.12
Grand Total $34.32
I
I
i
CITY OF DANIA
FIRE DEPARTMENT
INTER-OFFICE MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Kenneth Land, Fire Chief
RE: Release and Waiver of Liability for the Purchase of Fire and Medical
Supplies
DATE: March 31, 1998
! Attached hereto is a copy of the above referenced document together with attachments
thereto. We have reviewed price quotes for fire/rescue equipment and supplies to
which we will have access and feel that the city will realize a substantial savings if we
follow this avenue of purchasing.
Accordingly, if everything appears to be in order, we request that this item be placed on
the April 14, 1998 agenda, for consideration and approval by the city commission.
If you have any questions relating to this matter, please do not hesitate to contact me.
Thank you.
KL:clb
�J
��
�..�
�..
j
{,;
�,
� 1,
� ;,
, .
�:;;
I '
,,
f� ,,
i
` '' ...�
,;:
a
a
, ,
P{'