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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 1 r-J L 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.