HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-052Temp Reso #12653
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May 26, 2015
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO
EXERCISE THE SECOND RENEWAL OPTION OF
AGREEMENTS TO "FURNISH, DELIVER AND
DISCHARGE OF QUICKLIME" TO, AND EXECUTE
AGREEMENT AMENDMENTS WITH, LHOIST
NORTH AMERICA OF ALABAMA, LLC FOR THE
CITY OF TAMARAC AND ON BEHALF OF
EIGHTEEN OTHER AGENCIES IN THE
SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE (CO-OP); AND WITH
CARMEUSE LIME & STONE, INCORPORATED ON
BEHALF OF ONE MEMBER OF THE SOUTHEAST
FLORIDA GOVERNMENTAL PURCHASING
COOPERATIVE, THE CITY OF HOLLYWOOD, FOR
A PERIOD OF ONE YEAR PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac served as "lead agency" on Bid 11-25B,
"Furnish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast
Florida Governmental Purchasing Cooperative (CO-OP) which was awarded, on
behalf of the City and eighteen (18) other agencies, to, and an Agreement
executed with Lhoist North America of Alabama, LLC (formerly Chemical Lime
Co. of Alabama, LLC), as evidenced by Resolution R-2011-86, a copy of which
is on file with the City Clerk; and
WHEREAS, as the lead agency for the CO-OP, the bid was also awarded
to and an Agreement executed on behalf of one (1) agency with the with
Temp Reso #12653
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May 26, 2015
Carmeuse Lime and Stone, Inc., (Carmeuse), as further evidenced by Resolution
R-2011-86, and
WHEREAS Chemical Lime Co. of Alabama, LLC underwent a corporate
name change to Lhoist North America of Alabama, LLC effective December 31,
2011, as indicated in a letter issued by its parent company, Lhoist North America
and is now known as Lhoist North America of Alabama, LLC (Lhoist); said name
change being approved by the City Commission at its June 25, 2014 Meeting,
through Resolution R-2014-62, a copy of said resolution is on file with the City
Clerk; and
WHEREAS, the City Commission also approved the first one (1) year
renewal option at its June 25, 2014 through the Resolution R-2014-62, and
WHEREAS, both Lhoist and Carmeuse are agreeable to exercising the
second one (1) year renewal option; and
WHEREAS, pursuant to Section 5 of the executed Agreements, Lhoist
and Carmeuse may seek a quarterly material price adjustment based on a
formula that factors in actual costs and / or recognized indices; and
WHEREAS, current dynamic economic conditions dictate that the best
interests of the City and the CO-OP will be met by the continuation of an ongoing
quarterly material price adjustment formula for Lhoist and Carmeuse
customers, which allows for escalation and de-escalation of material pricing on a
quarterly basis, effective October 1st, January 1st, April 1st and July 1st of each
year; and
Temp Reso #12653
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May 26, 2015
WHEREAS, sufficient funds are available from the Utilities Department
Operating funds; and
WHEREAS, it is the recommendation of the Director of Public Services
and the Purchasing and Contracts Manager that the second renewal option for
the Agreement awarded as a result of Bid #11-25B be exercised and an
agreement Amendment be executed with Lhoist for furnishing, delivering and
discharging quicklime, for a period of one year for the City of Tamarac, and on
behalf of eighteen (18) other agencies in the CO-OP; a copy of said Agreement
Amendment #2 is attached hereto as Exhibit "1"; and
WHEREAS, it is the recommendation of the Director of Public Services
and the Purchasing and Contracts Manager that the second renewal option for
the Agreement awarded as a result of Bid #11-25B be exercised and an
Agreement Amendment be executed with Carmeuse for furnishing, delivering
and discharging quicklime, for a period of one year on behalf of one (1) agency in
the CO-OP, the City of Hollywood, a copy of said Agreement Amendment #2 is
attached hereto as Exhibit "2"; and
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 exercise the
second renewal option for Bid 11-25B and execute Agreement Amendment #2
with Lhoist for furnishing, delivering and discharging quicklime, for a period of
one year effective November 1, 2015 on behalf of the City of Tamarac and
eighteen (18) other agencies in the CO-OP, and
Temp Reso #12653
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May 26, 2015
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 exercise the
second renewal option for Bid 11-25B and execute Agreement Amendment #2
with Carmeuse for furnishing, delivering and discharging quicklime, for a period
of one year effective November 1, 2015 on behalf of one (1) agency in the CO-
OP, the City of Hollywood.
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 and all exhibits referenced and
attached hereto are incorporated herein and made a specific part of this
resolution.
SECTION 2: Agreement Amendment #2 for the Agreement
executed as a result of the award of Bid 11-25B, "Furnish, Deliver and Discharge
of Quicklime", to Lhoist, on behalf of the City of Tamarac and eighteen (18) other
agencies in the CO-OP for a period of one (1) year effective November 1, 2015,
attached hereto as Exhibit 1", is hereby approved, and the appropriate City
officials are hereby authorized to execute Agreement Amendment #2 with Lhoist,
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n
Temp Reso #12653
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May 26, 2015
as part of said award, a copy of which is attached hereto as Exhibit "1" on behalf
of the City of Tamarac and eighteen other (18) agencies in the CO-OP for a
period of one (1) year effective November 1, 2015.
SECTION 3: Agreement Amendment #2 for the Agreement
executed as a result of the award of Bid 11-25B, "Furnish, Deliver and Discharge
of Quicklime", to Carmeuse, on behalf of one (1) agency, the City of Hollywood,
in the CO-OP for a period of one (1) year effective November 1, 2015, attached
hereto as Exhibit "2", is hereby approved, and the appropriate City officials are
hereby authorized to execute Agreement Amendment #2 with Carmeuse as part
of said award, a copy of which is attached hereto as Exhibit "2" on behalf of one
(1) agency, the City of Hollywood, in the CO-OP for a period of one (1) year
effective November 1, 2015.
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 affect the validity of the remaining
portions or applications of this Resolution.
Temp Reso #12653
Page 6
May 26, 2015
SECTION 6: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
-� PATRICIA TEUFEL, CMC
` CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOXEM
CITY ATTORNEY
day of2015.
HARAY DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL -v
DIST 2: COMM. GOMEZ 66-17
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
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PURCHASING AND
CONTRACTS DIVISION
May 12, 2015
Mr. John Thompson
Florida Sales Manager
Lhoist North America of Alabama, LLC
4720 Cleveland Heights Blvd., Suite 203
Lakeland, FL 33813
RE: Agreement Renewal
Bid 11-25B
Furnish Deliver and Discharge of Quicklime
Dear Mr. Thompson:
The City's Agreement with your company to provide quicklime will expire on October 31,
2015. The original agreement effective November 1, 2011 provides for three additional one
year renewal options. This is the second renewal option for the subject contract.
As you know, we have both worked diligently to arrive at a mutually agreeable method for
adjusting pricing, based on continuously changing economic conditions, which promise to
remain dynamic. The attached Agreement Amendment reflects what we have agreed
upon, and I am forwarding Agreement Amendment #2 for your firm to execute.
Accordingly, we would ask that you please print and fully execute two (2) originals of the
Agreement Amendment attached hereto. Please ensure that the Amendment is attested by
your company's Corporate Secretary, and sealed with your corporate seal. Return the two
(2) original documents to the Purchasing & Contracts Division no later than May 22, 2015.
Upon execution by the City, an original will be returned to you for your records. If you have
any questions, do not hesitate to contact me.
Sincerely,
Keith K. Glatz, CPPO, FCPM, FCPA
Purchasing and Contracts Manager
Attach
7525 N.W. 88th Avenue I Tamarac, Florida 33321-2401 I P: 954,597.35701 F: 954.597.3565
EQUAL OPPORTUNITY EMPLOYER
AGREEMENT AMENDMENT #2
BETWEEN THE CITY OF TAMARAC
e
LHOIST NORTH AMERICA OF ALABAMA, LLC
The CITY OF TAMARAC (City) and Lhoist North America of Alabama, LLC (formerly
Chemical Lime Company of Alabama, LLC) an Alabama limited liability corporation, with
principal offices located at 3700 Hulen Street, Ft. Worth, Texas 76107, agree to amend that
certain Agreement between the City of Tamarac and Lhoist North America of Alabama, LLC
(formerly Chemical Lime Company of Alabama, LLC.) effective November 1, 2011, as
amended, (the "Agreement") as follows:
1. Pursuant to the terms of Section 4, Time of Commencement and Substantial
Completion, of the Agreement the City and Lhoist North America of Alabama, LLC agree to
exercise the second renewal option for the term November 1, 2015 through October 31,
2016.
2. All other provisions of the original agreement remain in effect as written.
Remainder of Page Intentionally Blank
of Tamarac
and Contracts Division
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, and Lhoist North America of Alabama, LLC, signing by and through its Florida
Sales Manager, duly authorized to execute same.
CITY T A C
A,C„ Har Dressler, Mayor
o :
AP' � O, ; Date
=0.
�2.4 �b v
ATTEST: = r,: '`w� ichael C. Cernech, City Manager
ri
Patricia Teufel, CM �, ,{ 0WA, Date
City Clerk
tc - 3 C' ` Approved as to form and legal sufficiency:
Date
Sam#6el S. Goren, dt^ttorney
Date
ATTEST: LHOIST NORTH AMERICA OF ALABAMA,
LLC
-1�- PA44k
(Corporate Secre ry) Signature of Florida ales Manager
briis's John Thompson
-rw-PA C-- Type/Print Name of Corporate Secy. Florida Sales Manager
(CORPORATE SEAL)
Date
3
City of Tamarac
STATE OF F[6rt jq
TAMARAC
The City For Your We
CORPORATE ACKNOWLEDGEMENT
:SS
COUNTY OF N� I
and Contracts Division
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 John
Thompson, Florida Sales Manager for Lhoist North America of Alabama, LLC., an Alabama
Limited Liability 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 'A , 20/5'
6aj-t' �. 6�
Signature of Notary Public
State of at Large
ort
SER
Print, Type or Stamp
=o Ff47658 Name of Notary Public
Bonded ey
,o ••nSuretyG°• Fk�.�` [� Personally known to me or
�STASE���❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
4
PURCHASING AND
CONTRACTS DIVISION
May 12, 2015
Mr. Bruce D. Routhieaux
Vice President, Sales
Carmeuse Lime & Stone, Inc.
11 Stanwix Street, 11th Floor
Pittsburgh, PA 15222
RE: Agreement Renewal
Bid 11-25B
Furnish Deliver and Discharge of Quicklime
Dear Mr. Routhieaux:
The City's Agreement with your company to provide quicklime will expire on October 31,
2015. The original agreement effective November 1, 2011 provides for three additional one
year renewal options. This is the second renewal option for the subject contract.
As you know, we have both worked diligently to arrive at a mutually agreeable method for
adjusting pricing, based on continuously changing economic conditions, which promise to
remain dynamic. The attached Agreement Amendment reflects what we have agreed
upon, and I am forwarding Agreement Amendment #2 for your firm to execute.
Accordingly, we would ask that you please print and fully execute two (2) originals of the
Agreement Amendment attached hereto. Please ensure that the Amendment is attested by
your company's Corporate Secretary, and sealed with your corporate seal. Return the two
(2) original documents to the Purchasing & Contracts Division no later than May 22, 2015.
Upon execution by the City, an original will be returned to you for your records. If you have
any questions, do not hesitate to contact me.
Sincerely,
�qk .
Keith K. Glatz, CPPO, FCPM, FCPA
Purchasing and Contracts Manager
e g... "
7525 N.W. BM Avenue I Tamarac, Florida 33321-2401 1 P:95k597.357n I F: 95k597.3565
EOUAL OPPOWUNITYEMPLavEk
C tt% < f Tamarac
AGREEMENT AMENDMENT #2
BETWEEN THE CITY OF TAMARAC
U rk F9J
CARMEUSE LIME & STONE, INC.
and(f b acts Diw,s'on,
The CITY OF TAMARAC (City) and Carmeuse Lime & Stone, Inc. (Carmeuse), a Delaware
corporation, with principal offices located at 11 Stanwix Street, 11th Floor Pittsburgh, PA
15222, agree to amend the original Agreement as follows:
1. Pursuant to the terms of Section 4, Time of Commencement and Substantial
Completion, of the original Agreement effective November 1, 2011, the City and Carmeuse
agree to exercise the second renewal option for the term November 1, 2015 — October 31,
2016.
2. All other provisions of the original agreement remain in effect as written.
Remainder of Page Intentionally Blank
of Tamarac
Purchasing and Contracts Division
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, and Carmeuse Lime & Stone, Inc., signing by and through its Vice President of
Sales, duly authorized to execute same.
CITY OFTM
��\1iIII11/11/ lk—
`� \ p,MAR,gC �,Harry Dressler, Mayor
ATTEST: - �� JrJD
ael C. Cernech, City Manager
D
-Patricia A. Teufel, Date
City Clerk
w — 3d— / S— Appr v d as to form and legal sufficiency:
Date
§-a-m6el S. Goren, City Attorney
ATTEST:
Date
CARMEUSE LIME & STONE, INC.
('
(Corporate-SecretA) ignature of Vice President of Sal s
Kevin J. Whyte
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
Bruce D. Routhieaux
Vice President of Sales
May 15, 2015
Date
of Tamarac
CORPORATE ACKNOWLEDGEMENT
STATE OF Pennsylvania
:SS
COUNTY OF Allegheny
and Contracts Division
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
Bruce D. Routhieaux, Vice President of Sales of Carmeuse Lime & Stone, 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 15th day of May , 20 15
' fVotArllli bell'
Karen DrAprio, Notary Public
ti of Pittsburgh, Allegheny County -' .-.-....Sig e Notary Public
Commission Ex ire$ SePt• 17, 2016 State O _�S%��'�t�arge
PENNSYLVANIA ASSOCIATION OF NOTARIES
ka C"n J)1 6�p,`10
Print, 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.
4