HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-0701
and
Temp. Reso. #11623
May 3, 2009
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- 70
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO
EXERCISE THE SECOND 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, WITH THE OPTION TO EXERCISE UP
TO ONE (1) ADDITIONAL ONE (1) YEAR
RENEWAL, 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
Temp. Reso. #11 f23
May 3, 2009
Page 2
WHEREAS, the City Commission of the City of Tamarac approved
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, Sherwin Williams is agreeable to hold their pricing firm for the
upcoming year, and, Harpster of Phillipsburg, Inc. has requested a price
decrease, due to the decreased 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, funding is available in the event that roof tarps are required
for emergency use by the City in the FY 09 budget for said purpose; and
WHEREAS, the Deputy City Manager/Interim Financial Services Director
and the Purchasing and Contracts Manager recommend that the City exercise
the second renewal option for agreements with The Sherwin-Williams Company
Temp. Reso. #11623
May 3, 2009
Page 3
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 second 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 are expressly
incorporated herein and made a part hereof.
SECTION 2: The appropriate City Officials are hereby authorized to
exercise the second renewal option for Bid Number 06-26B, and execute an
Agreement Amendment, 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., for purchases as may be deemed necessary to provide for the
safety of residents.
Temp. Reso. #11623
May 3, 2009
Page 4
SECTION 3: The appropriate City Officials are hereby authorized to
exercise the second renewal option for Bid Number 06-26B, and execute an
Agreement Amendment 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
1
1
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Temp. Reso. #11623
May 3, 2009
Page 5
PASSED, ADOPTED AND APPROVED this c� 7 day of
2009.
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
4T
UEL S. GOREN
CITY ATTORNEY
6_"0_ w
BETH FLANSBAUM-TALABI CO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL4
DIST 2: VM ATKINS-GRAD L
DIST 3: COMM. GLASSER��
DIST 4: COMM. DRESSLER v1
City of Tamarac
AGREEMENT AMENDMENT #2
BETWEEN THE CITY OF TAMARAC
I-,rLX
HARPSTER OF PHILIPSBURG, INC
Purchasing Division
The City of Tamarac, a municipal corporation, with principal offices located at 7525 NW
88tt' 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.
1. 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 first of three one year renewal options
of the Agreement for the term July 16, 2009 through July 15, 2010, and Contractor
agrees to such renewal.
2. Amend Section 5, Pricing, paragraph 5.3 as follows:
The prices for heavy grade tarps and accessories are as follows:
Tarp, Heavy Grade, 30' x 40' $120.71 $112.80 Each Delivered
Tarp, Heavy Grade, 30' x 50' $1150-89 141.00 Each Delivered
Industrial Bungee Cord, 24"L, 9mm Diam. $0.51 Each Delivered
Industrial Bungee Cord, 36"L, 9mm Diam. UJ4 $0.51 Each
Delivered
Tarp Tape, 2"w x 35', waterproof $3.56 Each Delivered
All other provisions of the original agreement remain in effect as written.
U:\File\RENEWAL AMENDS & ADDENDA\Tarps\Harpster Agreement Amendment 2009.doc
City of Tamar ,,w
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
Beth Flansbaum-Talabis o, Mayor
--�-��
D
ATT effreyL. Killer, City Manager
.( NV �-
1(Marion Swenson, CIVIC /J
City Clark_ V
6-6Q
Date
Date
Approved as to form and legal sufficiency:
r
e mu I S.�Goren
, i y Attorney
Date
ATTEST: HARPSTER OF P ILIPSBURG, INC.
Compan e
orporate Secretary) Signatur of resident/Owne
Douglas.W. Harpster
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
Douglas W. Harpster
Type/Print Name
Date
-S—r6-e"'<�
U:\Fite\RENEWAL AMENDS & ADDENDA\Tarps\Harpster Agreement Amendment 2009.doc
•
City of i an7 are(, Putt h a trig and Contracts tit+vision
CORPORATE ACKNOWLEDGEMENT
COUNTYOF
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
70 Ltl. �i frnFi'� ?(LC uE,aY 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 ''AIM �*T{ , 2009.
oaMMONWr Ww if 10 N�+ vlltp,Ni Signature of Notary Public
Notarial Seal
Michael A. Czap, Notary Public
Decatur Twp., Clearfield County (�(+ �l.tiQ r i FCi1k L`i
My Commission Expires July 11, 2011
Member, Pennsylvania Association of Notaries 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.
City of Tamarac Purchasing Division
AGREEMENT AMENDMENT #2
BETWEEN THE CITY OF TAMARAC
AND
THE SHERWIN WILLIAMS CO.
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 second of three one year renewal
options of the Agreement for the term July 16, 2009 through July 15, 2010, 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.
U:\File\RENEWAL AMENDS & ADDENDA\Tarps\Sherwin Williams Agreement Amendment
2009.doc
City of Tarnarac
Purchasing Uirr+',,w)n
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.
ATT:%-4--.
AOarion S-i�'�'66, CRIC
city Clerk Z
i/
Date
r_`liftma
CITY OF TAMARAC
Beth Flansbaum-Talc isco, Mayor
Date
Jeffrey L. Miller, City Manager
5
Date
ApprovAd as to form and legal sufficiency:
S. Goren, City Attorney
157 160,
Date
THE SHERWIN WILLIAMS CO.
Company me
ature
John L. Ault
Type/Print Name of Corporate Secy. Type/Print Name of Vice President
(CORPORATE SEAL)
May 4, 2009
Date
U:\File\RENEWAL AMENDS & ADDENDA\Tarps\Sherwin Williams Agreement Amendment
2009.dac
City of Tamarac
STATE OF OHIO
Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
: 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 -Controller and Louis E. Stellato, Senior Vice President,
General Counsel and Secretary of The Sherwin Williams Company, a Florida Foreign
Corporation, to me known to be the persons described in and who executed the
foregoing instrument and acknowledged before me that they executed the same.
WITNESS my hand and official seal this 4th day of May 2009.
Signature of Notary Public Stalte_af Ohio
JAMES M, OQNCHE88, Attorne�At' t
Notary Public - State of Oh_L0
_ my Anmmissinn has an expiration rlatR_ .
Ohio R.CPtjMd3Type 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.