HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-153Temp Reso #11957
Page 1
November 12, 2010
1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- / 53
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE OFFICIALS
TO AWARD AND EXECUTE AN AGREEMENT
FOR OFFICE SUPPLY NEEDS WITH OFFICE
DEPOT, INC. ON BEHALF OF THE SOUTHEAST
FLORIDA GOVERNMENTAL PURCHASING
COOPERATIVE UTILIZING PRICING PROVIDED
THROUGH THE STATE OF FLORIDA STATE
TERM CONTRACT #618-000-11-1, OR LOWER
PRICING AS MAY BECOME AVAILABLE
THROUGH ANY OTHER CONSORTIUM
AGREEMENT, FOR THE PERIOD OF JANUARY 1,
2011 THROUGH OCTOBER 17, 2013, WITH
RENEWAL OPTIONS OF UP TO THREE YEARS
AS APPROVED BY THE GOVERNING ENTITY;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac has need to purchase office supplies to
support all City operations; and
WHEREAS, the utilization of a term contract agreement provides for
volume savings through quantity discounts; and
WHEREAS, the City of Tamarac served as the "lead agency" for the
Southeast Florida Governmental Purchasing Cooperative for the purchase of
office supply needs; and
1
Temp Reso #11957
Page 2
November 12, 2010
WHEREAS, twenty-six (26) governmental agencies within the Southeast
Florida Governmental Purchasing Cooperative are eligible to utilize this
agreement for the purchase of approximately $1.3 million in office supplies; and
WHEREAS, the City of Tamarac formally advertised and issued Request
for Information # RFI-11-051 in order to obtain pricing and service capability
information for vendors in the office supply marketplace, a copy of which is
included herein as Exhibit "1 "; and
WHEREAS, five (5) firms responded to the RFI including:
Capital Office Products
Independent Stationers
Office Depot
Office Max
Staples Advantage; and
WHEREAS, an evaluation team chaired by the City of Tamarac, and
including the City of Coral Springs, Florida, the City of Davie Florida, and the City
of Greenacres, Florida evaluated and ranked all responses to the proposal; and
WHEREAS, the proposal from Office Depot, Inc., was unanimously ranked
by the Evaluation Committee as the most advantageous, best value response to
the solicitation in terms of service capabilities and pricing; and
WHEREAS, Office Depot has been determined to be the most competitive
respondent as a result of our formal marketplace review as demonstrated by the
fact that pricing provided through the Office Depot proposal was the lowest of all
Temp Reso #11957
Page 3
November 12, 2010
respondents, as shown in the Evaluation Matrix included herein as Exhibit "2";
and
WHEREAS, the State of Florida Department of Management Services
awarded Term Contract #618-000-11-1 to Office Depot covering the period of
January 1, 2011 through October 17, 2013; and
WHEREAS, Office Depot proposed the use of State of Florida Term
Contract Pricing in their response to the City's Request for Information #11-05, a
copy of their response is included as Exhibit "Y herein; and
WHEREAS, the use of State of Florida contract pricing is permitted under
City Code Section 6-155, which allows the Purchasing and Contracts Manager
the authority to procure supplies, materials and equipment, which are the subject
of contracts with other governmental agencies without following purchasing
procedures as set forth in City Code Section 6-149; and
WHEREAS, there is a potential that even more advantageous pricing may
be provided by Office Depot through other national consortium pricing in the near
future which would also be permitted under City Code Sections 6-155 and 6-149;
and
WHEREAS, Office Depot has successfully supplied the needs of the
Southeast Florida Governmental Purchasing Cooperative in the past; and
WHEREAS, the Agreement provides for renewal options of up to three
(3) years by the awarding entity based on satisfactory performance under the
Agreement; and
E
Temp Reso #11957
Page 4
November 12, 2010
WHEREAS, sufficient funds are available from all Departments' Operating
funds; and
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 attached hereto are
incorporated herein and made a specific part of this resolution.
SECTION 2: The City Commission of the City of Tamarac accepts the
terms of State of Florida Term Agreement #618-000-11-1 with Office Depot, Inc.
on behalf of the Southeast Florida Governmental Purchasing Cooperative for the
period beginning January 1, 2011 through October 17, 2011, and authorizes any
renewal options and the extension of said acceptance as may be authorized by
the State of Florida, or any lower priced national consortium as may become
available to the City.
SECTION 3: The appropriate City officials are hereby authorized to award
and authorize the purchase of Office Supplies, and execute an Agreement with
Office Depot, Inc., a copy of said Agreement is included herein as Exhibit "4",
utilizing pricing available on the State of Florida Term Contract #618-000-11-1, or
lower priced national consortium agreement as may become available to the City
and the members of the Southeast Florida Governmental Purchasing
Cooperative.
1
Temp Reso #11957
Page 5
November 12, 2010
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.
SECTION 6: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this Nday of 2010.
BETH TALABISC
MAYOR
ETER M. J. RI HARDSOP , CRM, CMC
ITY CLERK.
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
j� SAMUEL S. GOREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO C
DIST 1:
V/M BUSHNELL
DIST 2:
COMM. GOMEZ�' �--�
DIST 3:
COMM. GLASSER
DIST 4:
COMM. DRESSLER
THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES
PIGGYBACK CONTRACT
BETWEEN
CITY OF TAMARAC
AND
OFFICE DEPOT, INC.
This Piggyback Contract ("Contract") is made and entered into this 23`d day of November, 2010
("Effective Date"), by and between the Southeast Florida Governmental Purchasing Cooperative
(hereinafter referred to as the "Customer"), and Office Depot, Inc., a Delaware corporation with corporate
headquarters located at 6600 North Military Trail, Boca Raton, FL 33496 (hereinafter referred to as
"Office Depot").
WITNESSETH:
WHEREAS, the State of Florida, Department of Management Services and Office Depot entered into that
Contract 618-000-11-1, effective as of October 18, 2010, for Office and Education Consumables,
pursuant to Invitation to Negotiate No. 618-001-10-1 (the "Master Agreement"); and
WHEREAS, the Master Agreement permits government entities to purchase goods and services in
accordance with terms and conditions set forth in the Master Agreement; and
WHEREAS, the Customer has determined that the terms and conditions of the Master Agreement would
be economically beneficial to the Customer; and
WHEREAS, the Customer has determined that the most effective and feasible manner of obtaining office
supplies and services offered under the Master Agreement is for the Customer to become a participating
government agency under the Master Agreement; and
WHEREAS, the Customer is eligible to purchase under the Master Agreement; and
WHEREAS, the undersigned representative of the Customer is authorized, on behalf of the Customer, to
contract with Office Depot for the purchase of the office supplies and services in accordance with the
terms of the Master Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and promises herein stated and
in conjunction with the cooperative agreement referenced, the parties hereto agree to the following terms
and conditions:
1. INCORPORATION OF MASTER AGREEMENT.
The purpose of this Contract is to allow the Customer to purchase supplies from Office Depot at
the discounted prices set forth in the Master Agreement. To that end, the Master Agreement is
hereby incorporated by reference as if set forth herein in its entirety, including all subsequent
amendments thereto. However, to the extent any terms and conditions set forth in the Master
Agreement (excepting any terms and conditions relating to price and cost) conflict with any terms
and conditions of this Contract (the "Supplemental Terms"), the Supplemental Terms shall
prevail.
2. CREDIT TERMS.
Customer's credit limit shall be established by Office Depot's credit department. Office Depot
reserves the right to lower Customer's credit limit or refuse to ship any orders if at any time: (a)
Customer's account is materially past due and Customer has not responded with a reasonable
response within three (3) business days of written notice of said delinquency to work with Office
Depot to resolve the issues; (b) in Office Depot's commercially reasonable opinion, Customer's
credit standing becomes impaired as a result of Customer's payment habits having slowed down
to an unsatisfactory level with all non -critical suppliers including Office Depot; (c) Customer's
financial condition becomes unstable based on Customer's financial reports or reputable third
party ratings, or (d) if there are severe risk alerts from reputable third party credit bureaus.
3. DESKTOP DELIVERIES.
Office Depot agrees to, in the performance of work and services under this Agreement, provide
desk -top deliveries to Customer.
4. NOTICES.
All notices, requests, demands and other communications under this Agreement shall be given in
writing. Such notices shall be deemed to have been given when delivered in person or three (3)
business days after being sent via certified mail or upon delivery if sent via reputable overnight
delivery service and addressed to the appropriate party at its mailing address set forth below:
To Customer: City Manager
City of Tamarac
7525 NW 881h Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
To Office Depot: Office Depot, Inc.
5345 Oakbrook Parkway
Norcross, GA 30093
Attn: James E. Pollman, Regional Vice President
with a copy to: Office Depot, Inc.
6600 North Military Trail
Boca Raton, FL 33496
Attn: Office of the General Counsel
5. TERMINATION FOR CONVENIENCE.
Either party may terminate this Contract for convenience by providing the other party sixty (60)
days prior written notice.
IN WITNESS WHEREOF, the Customer and Office Depot have executed this Contract on the Effective
Date.
OFFICE DEPOT, INC.
By:
Name:
Title:
Date:
�3:fite nFaor
Revvwwed
SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE
By: CITY OF TAM/AR'A,C� ,
By:
Name: Je r y L. iller
Title: City Manager
Date: 1 �1 r �I