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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 1 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.