Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-114Temp. Reso 11252 July 17, 2007 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2007 %/ 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXERCISE THE RENEWAL OPTION TO THE EXISTING AGREEMENT TO PROVIDE ARMORED CAR SERVICES BETWEEN THE CITY OF TAMARAC AND DUNBAR ARMORED INC. FOR A PERIOD OF TWO YEARS COMMENCING ON NOVEMBER 12, 2007 AND ENDING ON NOVEMBER 11, 2009, AT A UNIT COST OF $308.00 PER MONTH PER PICK-UP LOCATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac requires weekday armored car services to pick-up payments and fees from five different locations for deposit at Wachovia Bank Money Center, with whom the City contracts for banking services; and WHEREAS, Resolution R-2004-249 dated October 4, 2004, authorized execution of an agreement with Dunbar Armored, Inc. to provide Armored Car Services (a copy of said resolution and agreement is on file with the City Clerk); and WHEREAS, the City has the option to renew the contract for one (1) additional two (2) year period under the same terms and conditions as the original agreement; and WHEREAS, the City has received acceptable service from Dunbar Armored Inc, Inc., and desires to exercise the two (2) year renewal option of the Agreement; and WHEREAS, Dunbar Armored, Inc.has agreed to renew for a two-year period, a copy of said Agreement Amendment exercising the renewal option is attached hereto as Exhibit "I", at the same terms and conditions as the original term of the Agreement; and WHEREAS, fuel prices have significantly increased since the execution of the Temp. Reso 11252 July 17, 2007 original agreement in 2004 resulting in a significant increase in the cost of operations for armored car services; and WHEREAS, Section 2.3 of the original agreement (see Exhibit "2" attached) authorizes the City to renegotiate with Dunbar Armored, Inc. to make additions, deletions or changes to the original Agreement dated November 12, 2004, between the City and Dunbar Armored Inc.; and WHEREAS, Dunbar Armored Inc. has requested a price adjustment from $275 per pick-up per month to $308 per pick-up per month, based on the escalation of fuel charges; and WHEREAS, a market analysis conducted by City staff has determined that the cost adjustment request corresponds to the increased cost of fuel since 2004; and WHEREAS, the market analysis furthermore determined that the cost adjustment is still considerably lower than the current marketplace pricing for similar services in the Broward County area; and WHEREAS, available funds exist in the current budget for said purpose; and WHEREAS, the Director of Financial Services recommends exercising the renewal option to the existing Agreement with DunbarArmored, Inc., fora two-year period, effective November 12, 2007, through November 11, 2009; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to exercise the renewal option for the contract between the City of Tamarac, Florida, and Dunbar Armored, Inc., for a two-year period, effective November 12, 2007, through November 11, 2009, to provide Armored Car Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE Temp. Reso 11252 July 17, 2007 CITY OF TAMARAC, FLORIDA: 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. SECTION 2: The appropriate City officials are hereby authorized to execute an Amendment Agreement (Exhibit 1 ") to exercise the renewal option of the Armored Car Services Agreement dated November 12, 2004 between the City of Tamarac, Florida, and Dunbar Armored, Inc., for the period, effective November 12, 2007, through November 11, 2009 at a monthly price of $308 per pick-up location. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. 1 Temp. Reso 11252 July 17, 2007 SECTION 5: passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of , 2007. BETH FLANSBAUM- ALA SCO MAYOR ATTEST: MARION SWEN ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 4�" A UEL S. GOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER _ a,(a DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER 1 1 �l City of Tamarac AGREEMENT AMENDMENT #1 F1414vi :11 4 0 IWO 1:0] Ill V961Af-11►'i►_l:7s[O AND DUNBAR ARMORED, INC. Purchasina Division The City of Tamarac, a municipal corporation, with principal offices located at 7525 NW 88t" Avenue, Tamarac FL 33321 (CITY), and Dunbar Armored, Inc., a Maryland corporation with principal offices located at 50 Schilling Road, Hunt Valley, MD 21031 (the "Contractor") agree to amend the original Agreement dated November 12, 2004 to provide armored car services to various CITY locations as follows: 1 Section Pursuant to the terms of Se , n _2, Contract Term, Paragraph 2.1 of the original Agreement dated November 12, 2004, between the City and Dunbar Armored, Inc., and in recognition of satisfactory performance under the initial term of the Agreement, the CITY hereby exercises its rights renew the Agreement pursuant to the two (2) year renewal option for the term November 12, 2007 through November 11, 2009, and Contractor agrees to such renewal. 2. Pursuant to the authority of Section 2.3, the parties hereby agree to amend the original Agreement to add Paragraph C. to Section 21. PRICE ADJUSTMENT to read as follows: Add Paragraph C. to Section 21. PRICE ADJUSTMENT to read as follows: "C. Notwithstanding Section 21.13, pricing may adjusted for any extension term in the event of an increase or decrease in the cost of fuel. Such adjustment shall be based on the U.S. Department of Energy, Energy Information Administration "U.S. No. 2 Diesel Retail Sales by All Sellers" Index, for the month most currently available at the time of contract renewal, subject to final agreement between the City and Contractor." 3. The original Agreement is further amended by amending Exhibit A in accordance with the provisions of Section 21, Price Adjustment as follows, - "The total cost to CITY shall be based on a monthly rate of Seventy Pive Dollars ($275.90) Three Hundred Eight Dollars (1308.00) per pick up location, and shall be fixed and firm for the term indicated in the Agreement between the City of Tamarac and Dunbar Armored, Inc. CITY shall receive credit for the day(s) that CONTRACTOR could not provide service, as stated in the Agreement, due to mechanical failures and/or driver/dispatcher carelessness when the situation or event could have been avoided and/or remedied." U:\RENEWAL AMENDS & ADDENDA\Dunbar Armored Inc. Renewal 2007.doc of Tamarac �Uq a Purchasing Division All other provisions of the original agreement remain in effect as written. 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 Dunbar Armored, Inc., signing by and through its Vice President, duly authorized to execute same. ATTEST: Marion Swenson, CMC City Cleric Date ATTEST: Corporate Secretary Vicki Thompson Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC C� *ethFlan"sbaum-Talabisco, Mayor Date Jeffrey L. Miller, City Manager Date LApprov as to form and legal sufficiency: 4&, 1,1A Samu I S. Goren, City Attorney �d I � (-b ) Date Russell E. Daniels Type/Print Name of Vice President Date U:\RENEWAL AMENDS & ADDENDAWunbar Armored Inc. Renewal 2007.doc City of Tamarac Purchasing and Contracts Division STATE OF MARYLAND CORPORATE ACKNOWLEDGEMENT COUNTY• ram! A h , 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 Russell E. Daniels, Vice President of Dunbar Armored, Inc., a Maryland 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 / I , 2007. Signature of NIM- , Public State of at Large mkyAa- LINDA DAF'3LBNE ,scGiJIRE NOTARY PUBLIC STATE CV MARYLAND County of Baltimore My r r mp. 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. of Tamarac AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC I_\ ,11I D, DUNBAR ARMORED, INC. Purchasing Division The City of Tamarac, a municipal corporation, with principal offices located at 7525 NW 88th Avenue, Tamarac FL 33321 (CITY), and Dunbar Armored, Inc., a Maryland corporation with principal offices located at 50 Schilling Road, Hunt Valley, MD 21031 (the "Contractor") agree to amend the original Agreement dated November 12, 2004 to provide armored car services to various CITY locations as follows: 1. Pursuant to the terms of Section 2, Contract Term, Paragraph 2.1_ of the original Agreement dated November 12, 2004, between the City and Dunbar Armored, Inc., and in recognition of satisfactory performance under the initial term of the Agreement, the CITY hereby exercises its rights renew the Agreement pursuant to the two (2) year renewal option for the tern November 12, 2007 through November 11, 2009, and Contractor agrees to such renewal. 2. Pursuant to the authority of Section 2.3, the parties hereby agree to amend the original Agreement to add Paragraph C. to Section 21. PRICE ADJUSTMENT to read as follows: Add Paragraph C. to Section 21. PRICE ADJUSTMENT to read as follows: "C. Notwithstanding Section 21.B, pricing may adjusted for any extension term in the event of an increase or decrease in the cost of fuel. Such adjustment shall be based on the U.S. Department of Energy, Energy Information Administration "U.S. No. 2 Diesel Retail Sales by All Sellers" Index, for the month most currently available at the time of contract renewal, subject to final agreement between the City and Contractor." 3. The original Agreement is further amended by amending Exhibit A in accordance with the provisions of Section 21 Price Adiustment as follows: "The total cost to CITY shall be based on a monthly rate of Seventy Five DollaFs ($275.00) Three Hundred Eight Dollars ($308.00) per pick up location, and shall be fixed and firm for the term indicated in the Agreement between the City of Tamarac and Dunbar Armored, Inc. CITY shall receive credit for the day(s) that CONTRACTOR could not provide service, as stated in the Agreement, due to mechanical failures and/or driver/dispatcher carelessness when the situation or event could have been avoided and/or remedied." U:\RENEWAL AMENDS & ADDENDA\Dunbar Armored Inc. Renewal 2007.doc City of Tamarac a .a Purchasing Division All other provisions of the original agreement remain in effect as written. 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 Dunbar Armored, Inc., signing by and through its Vice President, duly authorized to execute same. CITY OF TAMARAC r Beth F ansbaum-Talabisco, Mayor 8/ /0-7 Date ATTEST- Jeffr41L. Miller, City Manag Marion Swenson, CMC Date City Clerk Approv as to form and legal sufficiency: DateAA taKu'-4f S. Goren, City Attorney 4 /,(, 16-7 - Date ARMORED,ATTEST: DUNBAR (Corporate Secretary es Vicki Thompson Type/Print Name of Corporate Secy. (CORPORATE SEAL.) Russell E. Daniels Type/Print Name of Vice President 1 I /(.):I: Date U:\RENEWAL AMENDS & ADDENDA\Dunbar Armored Inc. Renewal 2007.doc City of Tamarac r Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF MARYLAND :SS COUNTY OF 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 Russell E. Daniels, Vice President of Dunbar Armored, Inc., a Maryland 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 NUTAHY F1UbL1U O iHi c. '•.jr IVIMr%r Lnivu Count` of Bal;ir,,ore p1nI1��1p _MY Ggfflmfecir 'rp. nir"nP,!ar�^1�-� 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.