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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