HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-0551
and
Temp. Reso. #11806
April 20, 2010
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- ff
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO
EXERCISE THE THIRD RENEWAL OPTION FOR
BID NUMBER 07-26B FOR ROOF TARPS TO THE
SHERWIN-WILLIAMS COMPANY FOR ECONOMY
ROOF TARPS AND TO HARPSTER OF
PHILIPSBURG, INC. FOR HEAVY GRADE ROOF
TARPS TO PROVIDE FOR THE PURCHASE OF
ANNUAL REQUIREMENTS FOR ROOF TARPS FOR
THE CITY OF TAMARAC AND ON BEHALF OF THE
SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE FOR A PERIOD OF
ONE YEAR, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is located in a high velocity wind zone;
WHEREAS, as a result of a hurricane, substantial roof damage may occur
to roofs throughout the City; and
WHEREAS, it is in the best interest of the City and its residents to be able
to assess roof damage for structures within the City in an expeditious manner
immediately following a storm; and
WHEREAS, provision of roof tarps to residents will help to control
additional damage resultant from unprotected roofs; and
WHEREAS, the City Commission of the City of Tamarac approved
Temp. Reso. #11806
April 20, 2010
Page 2
number R-2007-107 for the purchase of Roof Tarps at its July 11, 2007 regular
meeting copy of said resolution is on file with the Office of the City Clerk; and
WHEREAS, the original resolution provided for up to three (3) one (1) year
renewal options subject to satisfactory performance by the contractors; and
WHEREAS, the original agreement provides for an annual price escalation
on the anniversary of the Agreement; and
WHEREAS, roof tarps are fabricated from materials that are petroleum
based; and
WHEREAS, both roof tarp contractors have maintained their current
pricing for the upcoming contract period despite increased costs resulting from
price escalations for raw materials and the increased cost of oil; and
WHEREAS, the best interest of the City and the Southeast Florida
Governmental Purchasing Cooperative is served by renewing roof tarp
agreements; and
WHEREAS, it is recommended to renew the agreement for economy tarps
with The Sherwin-Williams Company, who has performed satisfactorily over the
past year; and
WHEREAS, it is recommended to renew the agreement for heavy grade
tarps with Harpster of Philipsburg, Inc., who has performed satisfactorily over the
past year; and
WHEREAS, funding is available in the event that roof tarps are required
for emergency use by the City in the FY 10 budget for said purpose; and
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Temp. Reso. #11806
April 20, 2010
Page 3
WHEREAS, the Financial Services Director and the Purchasing and
Contracts Manager recommend that the City exercise the third renewal option for
agreements with The Sherwin-Williams Company for the purchase of annual
requirements for economy roof tarps and with Harpster of Philipsburg Inc. for the
purchase of annual requirements for heavy grade roof tarps; 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
exercise the third renewal option for the agreements for the annual requirements
for economy roof tarps for the City of Tamarac and the Southeast Florida
Governmental Purchasing Cooperative with The Sherwin-Williams Co. and for
heavy grade roof tarps for the City of Tamarac and the Southeast Florida
Governmental Purchasing Cooperative with Harpster of Philipsburg Inc..
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. "All exhibits attached hereto and referenced
herein are hereby incorporated into and made a specific part of this Resolution."
SECTION 2: The appropriate City Officials are hereby authorized to
exercise the first renewal option for Bid Number 06-26B, and execute an
Agreement, attached herein as Exhibit 1" for the purchase of the annual
requirements for economy roof tarps for the City of Tamarac and the Southeast
Florida Governmental Purchasing Cooperative with The Sherwin-Williams Co.,
Temp. Reso. #11806
April 20, 2010
Page 4
for purchases as may be deemed necessary to provide for the safety of
residents.
SECTION 3: The appropriate City Officials are hereby authorized to
exercise the first renewal option for Bid Number 06-26B, and execute an
Agreement, attached herein as Exhibit "2" for the purchase of the annual
requirements for heavy grade roof tarps for the City of Tamarac and the
Southeast Florida Governmental Purchasing Cooperative with Harpster of
Philipsburg, Inc., for the safety of residents.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Resolution that can be given effect without the
invalid provision or application, and to this end the provisions of this Resolution
are declared to be severable.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
1
Temp. Reso. #11806
April 20, 2010
Page 5
PASSED, ADOPTED AND APPROVED this day of
1-114-Zt , 2010.
BETH TALABISCO
MAYOR
AT T:
`��4j 2
Wye�4
�ecord of COMMISSION VOTE:
MARION SWE O , CMC MAYOR TALABISCO
CITY CLERK DIST 1: COMM BUSHNELL f
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM GLASSER
I HEREBY CERTIFY that
I have approved this
RESOLUJI0.N as to form.
SAMU L S. GO EN
CITY ATTORNEY
E
DIST 4: VM D
City of Tamarac
AGREEMENT AMENDMENT #3
BETWEEN THE CITY OF TAMARAC
. I,
THE SHERWIN WILLIAMS CO.
Putrhasing Division
The City of Tamarac, a municipal corporation, with principal offices located at 7525 NW
88t" Avenue, Tamarac FL 33321 (CITY), and The Sherwin-Williams, Co. an Ohio
corporation duly registered as a Florida Foreign Corporation, with principal offices
located at 101 Prospect Ave., N.W., Cleveland, Ohio 44115 (the "Contractor") agree to
amend the original Agreement dated July 17, 2007 to provide for economy tarps
pursuant to Bid Number 07-23B.
1. Pursuant to the terms of Section 4, Contract Term of the original
Agreement dated July 17, 2007, between the City and The Sherwin Williams Co., and in
recognition of satisfactory performance under the current term of the Agreement, the
CITY hereby exercises its rights to exercise the third of three one year renewal options
of the Agreement for the term July 16, 2010 through July 15, 2011, and Contractor
agrees to such renewal.
All other provisions of the original agreement, as amended by Agreement Amendment
#1, including pricing, remain in effect as written.
City of Tamarac
Purchasing Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and The Sherwin Williams Co., signing by and
through its authorized representative, duly authorized to execute same.
CITY OF TAMARACC
Beth Flansbaum-Talabisco, M or
Date
ATTE Jeffrey L. Miller, City Manager Y
Marion Swenson, C
ity Clerk
Date
ATTEST:
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
-!5`- ( `3 -�o 17D
Date
Appro a as to form and legal sufficiency:
Samjidel S. G16ren, My Attorney
Date
THE SHERWIN WILLIAMS CO.
Company Name
—MFature
John L. Ault
Type/Print Name of Vice President
t /wt2-0/0
Date
2
Of Tamarac PUrc��d Contracts L)iv�
CORPORATE ACKNOWLEDGEMENT
STATE OF OHIO
:SS
COUNTY OF CUYAHOGA
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 L. Ault , vice President of The Sherwin Williams Co., a Florida
Foreign 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 April 13 , 2010.
Signature of Notary P is
1UDIT4CGILUGAN State of Mbf t9ffi',
Notary Public, State of Ohio Ohio
My Commission Expires May 16, 2012
Judith C. Gilligan
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
N DID NOT take an oath.
9
City of Tamarac
AGREEMENT AMENDMENT #3
BETWEEN THE CITY OF TAMARAC
AND
HARPSTER OF PHILIPSBURG, INC
Purchasing Division
The City of Tamarac, a municipal corporation, with principal offices located at 7525 NW
88th Avenue, Tamarac FL 33321 (CITY), and Harpster of Philipsburg, Inc., a
Pennsylvania corporation, with principal offices located at 202 Airport Road, Philipsburg,
Pennsylvania 16866 (the "Contractor") agree to amend the original Agreement dated
July 17, 2007 to provide for heavy-duty tarps pursuant to Bid Number 07-23B.
Pursuant to the terms of Section 4, Contract Term of the original Agreement dated July
17, 2007, between the City and Harpster or Philipsburg, Inc., and in recognition of
satisfactory performance under the current term of the Agreement, the CITY hereby
exercises its rights to exercise the third of three one year renewal options of the
Agreement for the term July 16, 2010 through July 15, 2011, and Contractor agrees to
such renewal.
All other provisions of the original agreement, as amended by Agreement Amendment
#2, including pricing, remain in effect as written.
City of Tamarac
Purchasing Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and Harpster of Philipsburg, Inc., signing by and
through its President, duly authorized to execute same.
CITY OF TAMARAC
84(4�"az-
Beth Flansbaum-Talabisco, K4dyor
S I
Date
ATTEST: Jeffrey L. Miller, City Manageri�s
Mar4en Swenson, I C Date
Gity-Verk
Approved s to form and legal sufficiency:
Date
.) ft
Samuel . Gor n, Ci Attorney
Date
ATTEST:
HARPSTER OF PHILIPSBURG. INC.
Company Na
(C rponke Secretary) Sig atur resident/Owne
Douglas W. Harpster
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
Douglas W. Harpster
Type/Print Name
Date
2
_Cry of Tamarac _ — _ Purchasinnand Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF VQ""'5 0Qa.v "0--
:SS
COUNTY OF ���ti 6-'P—
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
of Harpster of Philipsburg, Inc., a
Pennsylvania 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
COMMONWEALTH OF PENNSYLVAI
Notarial Seal
Michael A. Czap, Notary Public
Decatur Up., Clearfield County
My Commission Expires July 11, 2011
Member, Pennsylvania Association of Nor
3
1Z'V
2010.
at�ceew
Signature of *ta"ry Public
C +rcvwea[N� PA
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.