HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-2561
Temp Reso #10586
November 1, 2004
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004 - 4756
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO APPROVE THE
THIRD RENEWAL OF THE ORIGINAL AGREEMENT,
AWARDED BY RFP 01-15R TO OFFICE DEPOT,
INC. AND ISSUED ON BEHALF OF THE
SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE, AND TO EXECUTE
AGREEMENT AMENDMENT NO. 1 FOR THE TERM
DECEMBER 1, 2004 THROUGH NOVEMBER 30,
2005; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac, serving as "lead agency" for the
Southeast Florida Governmental Purchasing Cooperative awarded RFP 01-15R,
"Office Supplies" to Office Depot, Inc. on November 14, 2001, a copy of
Resolution R2001-238 and Agreement is attached hereto as Exhibit "A"; and
WHEREAS, the Agreement allows for four (4) additional one (1) year
renewals, with this being the third renewal of the subject contract; and
WHEREAS, the first renewal was approved by the Commission by
Resolution R2002-254 for the term ending November 30, 2003, a copy of said
renewal is attached hereto as Exhibit "B"; and
WHEREAS, the City Commission subsequently approved the second
renewal term by Resolution 2003-229,which extended the Agreement through
November 30, 2004, a copy of said renewal is attached hereto as Exhibit "C; and
Temp Reso #10586
November 1, 2004
Page 2
WHEREAS, Office Depot, Inc. has satisfactorily performed its contractual
responsibilities and has agreed in writing to extend the third renewal term of the
Agreement through November 30, 2005; as evidenced by Exhibit "D"; and
WHEREAS, Office Depot, Inc. has executed Agreement Amendment No. 1
for the term December 1, 2004 through November 30, 2005, as evidenced by
Exhibit "E"; and
WHEREAS, the participating members of the Southeast Florida
Governmental Purchasing Cooperative have unanimously approved exercising
the third renewal of the existing Agreement with Office Depot, Inc.; and
WHEREAS, sufficient funds are available in all Departments' Operating
budgets for office supplies; and
WHEREAS, the Purchasing and Contracts Manager recommends approval
of the third renewal option between the City and Office Depot, Inc. for a one-year
term and execution of Agreement Amendment #1 on behalf of the City and the
Southeast Florida Governmental Purchasing Cooperative; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
authorize the appropriate City Officials to approve the third renewal of the original
Agreement between the City of Tamarac and Office Depot, Inc., and to execute
Agreement Amendment #1 on behalf of the City and the Southeast Florida
Governmental Purchasing Cooperative effective December 1, 2004 through
November 30, 2005.
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Temp Reso #10586
November 1, 2004
Page 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
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 upon adoption hereof.
SECTION 2: The appropriate City officials are hereby authorized to
approve the third renewal of the original Agreement dated November 14, 2001
and to execute Agreement Amendment #1 with Office Depot, Inc. on behalf of the
City of Tamarac and the Southeast Florida Governmental Purchasing Cooperative
effective December 1, 2004 through November 30, 2005.
SECTION 3: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4: 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 affect the validity of the remaining
portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately
upon its passage and adoption.
Temp Reso #10586
November 1, 2004
Page 4
PASSED, ADOPTED AND APPROVED this 24t" day of November, 2004.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHdL S.KR4Fj
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABI O
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
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TR 10586 Temp Reso #9578
Page 1
EXHIBIT "A" October 17, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-,
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE OFFICIALS
TO AWARD RFP 01-15R ENTITLED "OFFICE
SUPPLIES" AND ACCEPT AND EXECUTE AN
AGREEMENT WITH OFFICE DEPOT, INC. ON
BEHALF OF THE SOUTHEAST FLORIDA
GOVERNMENTAL PURCHASING COOPERATIVE
FOR A ONE-YEAR PERIOD WITH FOUR
ADDITIONAL ONE-YEAR RENEWAL OPTIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac served as "lead agency" on the
Southeast Florida Governmental Purchasing Cooperative Request For Proposal
(RFP) 01-15R for the purchase of office supplies; and
WHEREAS, twenty six (26) governmental agencies will utilize this RFP to
purchase approximately $2.5 million in supplies; and
WHEREAS, proposals were solicited from thirty-one (31) vendors and
seven (7) proposals were received as follows and evaluated as per the Request
for Proposals attached hereto as Exhibit "A":
1. Apricot Office Supplies
2. Best wholesale
3. Boise Cascade
4. Corporate Express
5. Halsey Griffith
6. Office Depot
7. Roth Office Supplies; and
Temp Reso #9578
Page 2
October 17, 2001
WHEREAS, after extensive evaluation and consideration by the
Evaluation Committee consisting of representatives from six participating
Southeast Florida Governmental Purchasing Cooperative agencies, four
proposers were invited to make presentations to the Evaluation Committee as
follows:
1. Apricot Office Supplies
2. Boise Cascade
3. Corporate Express
4. Office Depot; and
WHEREAS, Office Depot, Inc, was determined to be the most responsive,
responsible proposer, based on a total ranking of proposal and presentation
scores as per the tabulation attached hereto as Exhibit T"; and
WHEREAS, the term of RFP 01-15R is for a period beginning December
1, 2001 through November 30, 2002 with the option to renew for four (4)
additional one year periods, not to exceed a total award period of five (5) years;
and
WHEREAS, sufficient funds are available from all Departments' Operating
funds; and
WHEREAS, it is the recommendation of the Director of Finance and
Purchasing and Contracts Manager that RFP #01-15R for "Office Supplies" be
awarded to and an agreement be accepted and executed with Office Depot, Inc.
on behalf of the Southeast Florida Governmental Purchasing Cooperative, for a
period of one year with four (4) additional one (1) year renewal options.
Temp Reso #9578
Page 3
October 17, 2001
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the residents of the City of Tamarac to award to and
accept and execute an agreement with Office Depot, Inc. on behalf of the
Southeast Florida Governmental Purchasing Cooperative, for a period of one
year with four (4) additional one (1) year renewal options.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT.
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 upon adoption hereof.
SECTION 2: The appropriate City officials are hereby authorized to
award to and accept and execute an agreement with Office Depot, Inc. on behalf
of the Southeast Florida Governmental Purchasing Cooperative for a period of
one-year with four (4) additional one (1) year renewal options, a copy of said
Agreement attached hereto as Exhibit °C".
SECTION 3: All resolutions or parts of resolutions in conflict
herewith are HEREBY repealed to the extent of such conflict.
SECTION 4: 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 affect the validity of the remaining
portions or applications of this Resolution.
Temp Reso #9578
Page 4
October 17, 2001
SECTION 5: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED, AND APPROVED this 14th day of November, 2001.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESDLUTION as to form.
ITCHELL S:
CITY ATTO
1
JbE- SC _
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER ,_„j
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN—
DIST 3: V/M SULTANOF_
DIST 4: COMM. ROBERTS
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
OFFICE DEPOT. INC.
THIS AGREEMENT is made and entered into this day ofby
and between the City of Tamarac, a municipal corporation with principal offices located at
7525 N.W. 88th Avenue, Tamarac, FL 33321 (the "City") and Office Depot, Inc., a Delaware
corporation with principal offices located at 2200 Old Germantown Road, Delray Beach, FL
33445 (the "Contractor") to provide for Office Supplies.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City
and Contractor agree as follows:
1) The Contract Documents
The contract documents consist of this Agreement, conditions of the contract (General,
Supplementary and other Conditions), drawings, specifications, all addenda issued prior to,
and all modifications issued after execution of this Agreement. These contract documents
form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement
or repeated therein.
2) The Work
The contractor shall perform all work for the City required by the contract documents as
set forth below;
a) Contractor shall furnish all labor, materials, and equipment necessary to provide and
deliver Office Supplies as per the terms and conditions included within Request for
Proposal (RFP) 01-15R.
b) Contractor shall supervise the work force to ensure that all of Contractor's workers
conduct themselves and perform their work in a safe and professional manner. Contractor
shall comply with all OSHA safety rules and regulations in the operation of equipment and
in the performance of the work.
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c) Contractor shall comply with any and all Federal, State, and local laws and regulations
now in effect, or hereinafter enacted during the term of this Agreement, which are
applicable to the Contractor, its employees, agents or subcontractors, if any, with respect
to the work and services described herein.
3) Insurance
Contractor shall obtain at Contractor's expense all necessary insurance in such form
and amount as required by the City's Risk Manager before beginning work under this
Agreement including, but not limited to, Workers' Compensation, Commercial General
Liability, and all other insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and effect during the life of
this Agreement. Contractor shall provide to the City's Risk Manager certificates of all
insurances required under this section prior to beginning any work under this Agreement. The
Contractor will ensure that all subcontractors comply with the above guidelines and will retain
all necessary insurance in force throughout the term of this agreement. The insurance
required hereunder may be through Contractor's qualified self-insurance program.
Contractor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractor's Liability
Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall
be responsible for payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
4) Time of Commencement and Substantial Completion
The work to be performed under this Agreement shall be effective beginning December
1, 2001 thru November 30, 2002, with the option to renew for four (4) additional one (1) year
periods, not to exceed a total contract period of five (5) years, based on performance and
mutual agreement.
5) Contract Sum
The pricing for this contract is based upon a fixed price for the proposal contract items
and 53% off list price for the balance of the Business Services Division (BSD) catalog with a
15% Gross Profit (GP) floor. Virtual items in the BSD catalog (marked as a blue S) are 15%
off list; Furniture is 35% off list with a 1 % (GP) floor; Business Machines are at Market price;
and Paper is floating according to market price.
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6) Payments
Payment shall be made within thirty- (30) days after the City's receipt and approval
of Contractor's invoices, prepared in such form and detail as the City may specify.
Undisputed invoices not paid within thirty- (30) days of notice that invoices are past due,
shall bear interest at the rate of 1.5% per month.
7) Indemnification
The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages, liability, and
expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or
property damage, including loss of use thereof, directly or indirectly caused by, resulting from,
arising out of or occurring in connection with the operations of the Contractor or its officers,
employees, agents, subcontractors, or independent contractors, excepting only such loss of
life, bodily or personal injury, or property damage solely attributable to the gross negligence or
willful misconduct of the City or its elected or appointed officials and employees. The above
provisions shall survive the termination of this Agreement and shall pertain to any occurrence
during the term of this Agreement, even though the claim may be made after the termination
hereof.
Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768,28, as amended from time to time.
8) Non -Discrimination
The Contractor agrees that it shall not discriminate against any of its employees or
applicants for employment because of their age, handicap, race, color, religion, sex, or
national origin, and to abide by all federal and State laws regarding non-discrimination. The
Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder
except subcontracts for standard commercial supplies or raw materials. Any violation of such
provisions shall constitute a material breach of this Agreement.
9) Independent Contractor
Contractor is an independent contractor under this Agreement. Personal services
provided by the Contractor shall be by employees of the Contractor and subject to supervision
by the Contractor, and not as officers, employees, or agents of the CITY. Personnel policies,
tax responsibilities, social security and health insurance, employee benefits, purchasing
policies and other similar administrative procedures applicable to services rendered under this
Agreement shall be those of the Contractor.
Ica
10) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
11) Notice
Whenever either party desires or is required under this Agreement to give notice to any
other party, it must be given by written notice, sent by registered United States mail, with
return receipt requested, addressed to the party for whom it is intended at the following
addresses.
CITY
City Manager
City of Tamarac
7525 N.W. $$th Avenue
Tamarac, FL 33321
CONTRACTOR
Linda S. Sykes, DSM
Office Depot, Inc.
13794 NW 41' Street, Suite 200
Sunrise, FL 33325
12) Termination
With_a_ Copy To:
City Attorney at the same address.
With a Copy to:
Office of General Counsel
Office Depot, Inc.
2200 Old Germantown Road
Delray Beach, FL 33445
This Agreement may be terminated by City or Contractor for cause or by either party
for convenience, upon thirty (30) days of written notice by the terminating party to the other
party for such termination in which event the Contractor shall be paid its compensation for
services performed to termination date, including services reasonably related to termination.
Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to
perform or observe any of the terms, provisions, conditions, or requirements herein contained,
if such neglect or failure shall continue for a period of thirty (30) days after receipt by
Contractor of written notice of such neglect or failure.
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13) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City of
Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding. Should this Agreement be terminated for lack of
funding, all invoices for services and/or commodities supplied under the Agreement shall be
paid in full.
14) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in Broward
County, Florida.
15) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
16) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions hereof or affecting the validity or enforceability of
such provisions in any other jurisdiction. The nonenforcement of any provision by either party
shall not constitute a waiver of that provision nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
17) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the City,
and negotiations and oral understandings between the parties are merged herein. This
Agreement can be supplemented and/or amended only by a written document executed by
both the Contractor and the City.
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, through its Mayor and Office
Depot, Inc., signing by and through its Senior Vice President East, duly authorized to execute
same.
ATTEST:
Marion Swenson, CMC
City Clerk
Date: f ! o
ATTEST:
�J
(Corporate Sec tary
13R AN D. DAN
Assistant secretary
Type/Print Name of Corporate Secy.
CITY OF TAMARAC
J96 Schreiber, Mayor
Date: `/41
J ffrey L. MiIC4r, City Manager
Date: IVa
as to form and legal
II S. Kraft, CY Attorney
OFFICE DEPOT, INC,
Authorized Signature
Cindy Campbell, Senior Vice President East
Type/Print Name of Officer
(CORPORATE SEAL)
Date:
I,
y
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
SS
COUNTY OF C1.•:
HEREBY CERTIFY that on this day, before me, an Officer duly authorized
in the State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared Cindy Campbell, Senior Vice President East, Office Depot, Inc. a Delaware
corporation, to me known to be the person(s) described herein and who executed the
foregoing instrument and acknowledged before me that he executed the same.
WITNESS my hand and official seal this a'` day of/, 2001.
NORY..PUBLIC,,�ta�ghv�Flara a at
Large r M OUST
�i.i.%1't11 tli`f I( '}l h1� t''f'F1,Cl�IDA
e kj` 3 Cr 75788K
(Name of Notary Public: Print, Stamp, or
Type as Commissioned)
( Personally known to me or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or ( DID NOT take an oath
M
TR 10586 Temp Reso#9855
Page 1
EXHIBIT "B" September 11, 2002
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-254
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXERCISE
THE FIRST RENEWAL OPTION OF THE
AGREEMENT BETWEEN THE CITY OF TAMARAC
AND OFFICE , DEPOT, INC., EFFECTIVE
DECEMBER 1, 2002 THROUGH NOVEMBER 30,
2003, ON BEHALF OF THE SOUTHEAST FLORIDA
GOVERNMENTAL PURCHASING COOPERATIVE;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac, serving as "lead agency" for the Broward
Governmental Cooperative Purchasing Group awarded RFP 01-15R, "Office
Supplies" to Office Depot, Inc. on November 14, 2001, a copy of Resolution
Number R- 2001-328 and Agreement is attached hereto as Exhibit "A"; and
WHEREAS, the Agreement allows for four (4) additional one (1) year
renewals, with this being the first renewal of the contract; and
WHEREAS, Office Depot, Inc. has satisfactorily performed its contractual
services and has agreed to extend the term of the Agreement through November
30, 2003; a copy of renewal agreement is attached hereto as Exhibit "B"; and
WHEREAS, sufficient funds are available in all Departments' Operating
funds; and
WHEREAS, the Assistant City Manager/Interim Director of Finance and
Purchasing and Contracts Manager recommend approval of the first renewal
option between the City of Tamarac and Office Depot, Inc, for a one-year term.
Temp Reso #9855
Page 2
September 11, 2002
effective December 1, 2002 through November 30, 2003, on behalf of the
Southeast Florida Governmental Purchasing Cooperative; original Agreement
awarded by Resolution No. R-2001-328; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
authorize the appropriate City Officials to exercise the first renewal option of the
Agreement between the City of Tamarac and Office Depot, Inc., for a period
effective December 1, 2002 through November 30, 2003, on behalf of the
Broward Governmental Cooperative Purchasing Group.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
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 upon adoption hereof.
SECTION 2: The renewal agreement between the City of Tamarac
and Office Depot, Inc. for a one-year term effective December 1, 2002 through
November 30, 2003 is hereby approved.
SECTION 3: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4: 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 affect the validity of the remaining
Portions or applications of this Resolution.
1
1
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Temp Reso #9855
Page 3
September 11, 2002
SECTION 5: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this 25th day of September, 2002.
ATTEST:
MARION SW ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
r
i ITCHELL 8. KPT
CITY ATTORNEY
✓ JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
AYE
DIST 1:
V/M. PORTNER
AYE
DIST 2:
COMM. MISHKIN
AYE
DIST 3:
COMM. SULTANOF
AYE
DIST 4:
COMM. ROBERTS
AYE
City of Tamarac
"Committed to Excellence... Always"
Purchasing
Division
July 23, 2002
Linda Sykes
District Sales Manager
Office Depot
13794 NW 4t' Street, Suite 200
Sunrise, FL 33325
RE: RFP 01-15R Agreement Renewal
Dear Ms. Sykes:
The first renewal of the City's Agreement with Office Depot will expire on November 30,
2002. The original agreement provides for four (4) additional one-year renewals. This
shall be the first renewal of the subject agreement, encompassing the term 12/01/2002
through 11/30/2003.
Please advise if the first renewal of this contract would be acceptable to your company
by checking the appropriate box below, completing the signature and acknowledgement
pages, and returning the original document to Purchasing no later than August 6, 2002.
Upon execution by the City, a copy will be returned to you for your records.
If you have any questions, do not hesitate to contact me.
Sincerely,
- r>�a-
Lynda S. Flurry, CPPO
Purchasing/Contracts Manager
I hereby agree to the first renewal of the City's agreement with Office Depot for
the term 12/01/2002 — 11/30/2003, subject to the same terms and conditions as
the original agreement"
❑ 1 am unable to agree to the first renewal of the agreement between the City and
Office Depot
7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tomarac.org
Ulty of 1,:7r')rrr;x: �'ur'Ch;isrng Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, through its
Authorized Representative and OFFICE DEPOT, signing by and through its Senior Vice
President East, Cindy Campbell, duly authorized to execute same.
P -
Marion Swenson, CIVIC
City Clerk
/0/ �a I,, -
Date
CITY OF TAMARAC
Schreiber, Mayor
191116
Date
Jeffr L. Miller, City Manager
as to form and I6aal sufficiencv:
Miyh6II S. Kraft, City Att6rney
Date
A Office Depot, Inc.
Com ny Name
1 t e ary ignat of Au orized Representative
z�Wu"c
Type rint Name of Corporate Secy
Cindy Campbell
Type/Print Name of Authorized Representative
f Aires / AX-1v 7 _
(CORPORATE SEAL.) Date
Y
. wM'
City of I;U)7N ac F1J(C�1O;:1O(J OiVi$!G!)
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
S �
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Cindy Campbell, Senior Vice President East of Office Depot, a Delaware
Corporation, to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged befo/ e h he/she executed a same.
%J
WITNESS my hand and official seal this/j day of20'---
ti�����`��NpA EN 'I 1I
=� .•�,M1S51QN '•s ��
-
�,`c,� �mber.2g
'* : �co
N.
• r•� :its
#rc 061302 : "r
i99y'•.'l�r�'.•, Q�Wl
ignature of Notary Public
State of'Florid,�',at Large
rint, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
DID NOT take an oath.
TR 10586 Temp Reso 10198
Page 1
EXHIBIT T July 23, 2003
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003 -
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXERCISE
THE SECOND RENEWAL OPTION OF THE
AGREEMENT BETWEEN THE CITY OF TAMARAC
AND OFFICE DEPOT, INC. EFFECTIVE DECEMBER
1, 2003 THROUGH NOVEMBER 30, 2004, ON
BEHALF OF THE SOUTHEAST FLORIDA
GOVERNMENTAL PURCHASING COOPERATIVE;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac, serving as "lead agency" for the Broward
Governmental Cooperative Purchasing Group awarded RFP 01-15R, "Office
Supplies" to Office Depot, Inc. on November 14, 2001, a copy of Resolution
Number R- 2001-328 and Agreement is attached hereto as Exhibit "A"; and
WHEREAS, the Agreement allows for four (4) additional one (1) year
renewals, with this being the second renewal of the contract; and
WHEREAS, the City Commission of the City of Tamarac approved an
Agreement Amendment as Resolution 2002-254, on September 25, 2002, which
extended the Agreement through November 30, 2003; a copy of which is
attached hereto as Exhibit "B"; and
WHEREAS, Office Depot, Inc. has satisfactorily performed its contractual
services and has agreed to extend the term of the Agreement through November
30, 2004; a copy of renewal agreement is attached hereto as Exhibit "C"; and
Temp Reso 10198
Page 2
July 23, 2003
WHEREAS, sufficient funds are available in all Departments' Operating
funds; and
WHEREAS, the Purchasing and Contracts Manager recommends approval
of the second renewal option between the City of Tamarac and Office Depot, Inc.
for a one-year term effective 12/01 /2003 — 11/30/2004, on behalf of the Southeast
Florida Governmental Purchasing Cooperative; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
authorize the appropriate City Officials to exercise the second renewal option of
the Agreement between the City of Tamarac and Office Depot, Inc., for the term
12/01/2003 — 11/30/2004, on behalf of the Southeast Florida Governmental
Purchasing Cooperative.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
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 upon adoption hereof.
SECTION 2: The second renewal option of the agreement between
the City of Tamarac and Office Depot, Inc. effective 12/1/2003 — 11/30/2004 on
behalf of the Southeast Florida Governmental Purchasing Cooperative is hereby
approved, and the appropriate City Officials are authorized to execute the
Agreement Amendment on behalf of the City of Tamarac. .
�J
Temp Reso 10198
Page 3
July 23, 2003
SECTION 3: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
B SECTION 4: 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 affect the validity of the
remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this St" day of October, 2003.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
CITY ATTORNEY,
Ac
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
City of Ji:!l11�;i(ri!: , ,�{ �1U1;�1.1.:f77�] i.3n col"dracrs Ulvlstoo
_ ...... ........... ......._ .._---.......
AGREEMENT AMENDMENT
BETWEEN THE CITY OF TAMARAC
AND OFFICE DEPOT, INC.
The CITY OF TAMARAC (City) and Office Depot, Inc., a Delaware corporation, with
principal offices located at 2200 Old Germantown Road, Delray Beach FL 33445, agree to
amend the original Agreement dated November 14, 2001 as follows:
Per the terms of Section 4, Time of Commencement and Substantial Completion, of
the original Agreement dated November 14, 2001, the City and Office Depot, Inc. exercise
the second renewal option for the term December 1, 2003 -- November 30, 2004.
All other provisions of the original agreement remain in effect as written.
IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City of
Tamarac signing through its City Manager and its City Commission signing by and through
its Mayor, Joe Schreiber, and Office Depot, Inc., signing by and through its Senior Vice
President, duly authorized to execute same.
ATTEST:
��— 4r46��
Marion Swenson, CMC
City Clerk
Joe Schreiber, Mayor
Date
Jeffrey L. Miller, City Manager
Date
�!� Approved as #o,foand legal sufficiency:
Date _ _ _..._...... 17,
Mitchell S. KrA, City AttornE
Date
Of) of Teifmw ac
.wuh�asing ,?nd C'onfracis Divis.km
ATTEST:
(Corporate Secretary)
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
STATE OF FtOkiDA
COUNTY OF (
Office Depot, Inc.
Com ny Name
I
ignatufe'of Senior Vice President
Cindy Campbell
Type/Print Name of Senior Vice President
Date
CORPORATE ACKNOWLEDGEMENT
SS
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Cindy Campbell, Senior Vice President/East Region of Office Depot, Inc., a Delaware
Corporation, to me known to be the person(s) described in and who executed the foregoing
instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this /& day of 4d4, , 2003
IF
i
•� DEC
10
2006
• c r:
OB , • •
v� RY'PV�,,``�
Signature of Notary Public
State of4FkK4da at Large
CON NJ E F. I A -TM it 4
Print, Type or Stamp
Name of Notary Public
M Personally known to me or
Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
OT.fice MN. F 0s
Business Services Division
October 23, 2004
Mr. Keith Glatz
Purchasing & Contracts Manager
City of Tamarac
7525 NW 88t" Ave.
Tamarac, FL 33321
RE: Broward Governmental Coop Contract Extension
TR 10586
EINIBR "D"
Please be advised that the Coop Agreement with Office Depot will be extended on a
month to month basis while changes to the current agreement are negotiated. Until then
Office Depot will continue to honor your existing terms, conditions and pricing, on the
Broward Governmental Coop Contract, up to one additional year.
We appreciate your business and look forward to continuing our partnership.
Sincerely, I -
Terry e �ee
V Beaty
Senior Account Manager
Office Depot Business Services Division
13794 NW 4th Street • Suitt 200 • Sunrise. FL 33325 • (800) 815-7221 0 Fax: (954) 8-10-1233
Nov 17 04 03: 23p Terry Beau 954-346-4012 p, 2
AMENDMENT 41
TO THE AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND OFFICE DEPOT, INC.
This Arrer m.�r:t to the Novem;,ee 14. 200- Agree'nent bet c.on `.he City of
Tamarac, a municipa corporation' with pri:nciptat o"ices Icci,tt,d a: 7525 N.'�,J. c a,% Ave.,
Tamarac, FL 33321 (the 'City") and Office Depot, inc., a Delaware corporation, with
principal offices located at 2200 Old Germantown Road, Delray Beach FL 33445. is made
and e-itere>d Vc th;s day of oven � Q-r 20G4.
WHEREAS, tic City and the Contrac:or en:erect .nto an Agreer^en' rtalec
November 14, 2001, awarded as a result of RFP 01-15R, entitled Officu Supp ies, issued
on behalf of the Southeast Florida Governmental Purchasing Cooperativo;
w..j `I'] 11S. both partios y, stj tc awte^W ,•,A.�r lira.` Aorr-p ne v dalrxrl November 14.
2001; said amendment to include a one-year re pw+al :e,fr..-jld
WHEREAS, the Contractor r��presents that it is currenilly capable of continuing :o
prcv oa tFo nocessa y Lrt te, rf ffice c;i, pyins to the City and the Southeast 1=IOriCa
Purcrtasirg Coopera'ive; and
NCW, THEREFORE, in consideration of the premises nonlained herein. tho parties
"Orcto -19,00 to ampn(t },-Tin a w of the ne r inal rtr'tre'@r71F'l, Ft5 •oiicvs'
]. 4) Time of COTInlencement and Substantial Co-1p;e!,ar.
Th-:� work to be: performed under this Agreement shall be effective beginning
DprAmhPF 1.::! 22,24 thru November X 2004 2005, with the option to renew for touF
one _ e i :a additiona; one (]; year periods, nct to exc4eed a total cc -::rant f;eriviJ of five (.5'
years, based on performance and mutual agroe1men:.
2. Ail other provisions of the original agreement dated November 1.3, 2001 remain in
ef'^ct ea writteri.
W-70 5WUI i 'rmL.gh .we :2,_ ..?9.)r�•r+r:•r� iF.0 :1;:-•n�+:n^• - - � - •• -
OFFICE DEPOT, INC.
ASSISTANT SECRETARY'S CERTIFICATE
The undersigned, Brian D. Dan, hereby certifies that he is the Assistant Secretary of
Office Depot, Inc., a corporation incorporated under the General Corporation Law of the State of
Delaware (the "Corporation"), and that, as such, he is authorized to execute this Certificate on
behalf of the Corporation, and further certifies that:
1. The Corporation is a corporation duly incorporated and in good standing under the
laws of the State of Delaware; and
2. Michael F. Cosgrove is Vice President, Business Services Group, for the
Corporation and as such he is authorized to execute bids and contracts for the sale of office
supplies on behalf of the Corporation.
IN WITNESS WHEREOF, the undersigned has hereunder set his hand as of this j
day of 12004
OFFICE DEPOT, INC.
By. f, r
Brian D. ice President,
Asst. General Counsel and Asst. Secretary
Nov 17 04 03:23p
Terry Heats
354-346-4012
p.3
ram:
wi
IN WITNESS WHEREOF, -he parties )orehy have made and executed t-iis
Arriendment to Agreement on the respectUve catws _r,,2r Want, signature, :he City of
Tamarac signing by and throrr�fh its Mayor and City Manager and Office Depot, Inc.,
signing by and through its Senior Vice Presideni, duly aumorized t() wxecutL flame.
ATTEST:
M��riAi1 rverts n, CU"
City Clerk
lip
Gate
ATTEST
(Corporalo Secr-ta
Assistant
Br.i.a n D I. Dan- _.
Type/Pri-lt Name of CorporatcISecy
(CORPORATE SEAL)
CITY OF T MARAC
r
AfteSchreibe rr Mayor
fate
.;ef`re . M:I' .rC'y Manager
A
q.j o
Zt1chell
Poved s fc;.-rn and le al suffiOubliuy:
S- Kraft, City AttorneyDate
Office Deppl, :nc.
CCrrtpa Nq-itureaSigr a�irient
Type/Print Nane of Spr)br Vice President
Assistant
Date