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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-2561 Temp Reso #10586 November 1, 2004 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004 - 4756 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE THE THIRD RENEWAL OF THE ORIGINAL AGREEMENT, AWARDED BY RFP 01-15R TO OFFICE DEPOT, INC. AND ISSUED ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE, AND TO EXECUTE AGREEMENT AMENDMENT NO. 1 FOR THE TERM DECEMBER 1, 2004 THROUGH NOVEMBER 30, 2005; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, serving as "lead agency" for the Southeast Florida Governmental Purchasing Cooperative awarded RFP 01-15R, "Office Supplies" to Office Depot, Inc. on November 14, 2001, a copy of Resolution R2001-238 and Agreement is attached hereto as Exhibit "A"; and WHEREAS, the Agreement allows for four (4) additional one (1) year renewals, with this being the third renewal of the subject contract; and WHEREAS, the first renewal was approved by the Commission by Resolution R2002-254 for the term ending November 30, 2003, a copy of said renewal is attached hereto as Exhibit "B"; and WHEREAS, the City Commission subsequently approved the second renewal term by Resolution 2003-229,which extended the Agreement through November 30, 2004, a copy of said renewal is attached hereto as Exhibit "C; and Temp Reso #10586 November 1, 2004 Page 2 WHEREAS, Office Depot, Inc. has satisfactorily performed its contractual responsibilities and has agreed in writing to extend the third renewal term of the Agreement through November 30, 2005; as evidenced by Exhibit "D"; and WHEREAS, Office Depot, Inc. has executed Agreement Amendment No. 1 for the term December 1, 2004 through November 30, 2005, as evidenced by Exhibit "E"; and WHEREAS, the participating members of the Southeast Florida Governmental Purchasing Cooperative have unanimously approved exercising the third renewal of the existing Agreement with Office Depot, Inc.; and WHEREAS, sufficient funds are available in all Departments' Operating budgets for office supplies; and WHEREAS, the Purchasing and Contracts Manager recommends approval of the third renewal option between the City and Office Depot, Inc. for a one-year term and execution of Agreement Amendment #1 on behalf of the City and the Southeast Florida Governmental Purchasing Cooperative; 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 authorize the appropriate City Officials to approve the third renewal of the original Agreement between the City of Tamarac and Office Depot, Inc., and to execute Agreement Amendment #1 on behalf of the City and the Southeast Florida Governmental Purchasing Cooperative effective December 1, 2004 through November 30, 2005. U 1 1 Temp Reso #10586 November 1, 2004 Page 3 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. SECTION 2: The appropriate City officials are hereby authorized to approve the third renewal of the original Agreement dated November 14, 2001 and to execute Agreement Amendment #1 with Office Depot, Inc. on behalf of the City of Tamarac and the Southeast Florida Governmental Purchasing Cooperative effective December 1, 2004 through November 30, 2005. 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. Temp Reso #10586 November 1, 2004 Page 4 PASSED, ADOPTED AND APPROVED this 24t" day of November, 2004. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHdL S.KR4Fj CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABI O DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS u 1 1 TR 10586 Temp Reso #9578 Page 1 EXHIBIT "A" October 17, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO AWARD RFP 01-15R ENTITLED "OFFICE SUPPLIES" AND ACCEPT AND EXECUTE AN AGREEMENT WITH OFFICE DEPOT, INC. ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE FOR A ONE-YEAR PERIOD WITH FOUR ADDITIONAL ONE-YEAR RENEWAL OPTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac served as "lead agency" on the Southeast Florida Governmental Purchasing Cooperative Request For Proposal (RFP) 01-15R for the purchase of office supplies; and WHEREAS, twenty six (26) governmental agencies will utilize this RFP to purchase approximately $2.5 million in supplies; and WHEREAS, proposals were solicited from thirty-one (31) vendors and seven (7) proposals were received as follows and evaluated as per the Request for Proposals attached hereto as Exhibit "A": 1. Apricot Office Supplies 2. Best wholesale 3. Boise Cascade 4. Corporate Express 5. Halsey Griffith 6. Office Depot 7. Roth Office Supplies; and Temp Reso #9578 Page 2 October 17, 2001 WHEREAS, after extensive evaluation and consideration by the Evaluation Committee consisting of representatives from six participating Southeast Florida Governmental Purchasing Cooperative agencies, four proposers were invited to make presentations to the Evaluation Committee as follows: 1. Apricot Office Supplies 2. Boise Cascade 3. Corporate Express 4. Office Depot; and WHEREAS, Office Depot, Inc, was determined to be the most responsive, responsible proposer, based on a total ranking of proposal and presentation scores as per the tabulation attached hereto as Exhibit T"; and WHEREAS, the term of RFP 01-15R is for a period beginning December 1, 2001 through November 30, 2002 with the option to renew for four (4) additional one year periods, not to exceed a total award period of five (5) years; and WHEREAS, sufficient funds are available from all Departments' Operating funds; and WHEREAS, it is the recommendation of the Director of Finance and Purchasing and Contracts Manager that RFP #01-15R for "Office Supplies" be awarded to and an agreement be accepted and executed with Office Depot, Inc. on behalf of the Southeast Florida Governmental Purchasing Cooperative, for a period of one year with four (4) additional one (1) year renewal options. Temp Reso #9578 Page 3 October 17, 2001 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to award to and accept and execute an agreement with Office Depot, Inc. on behalf of the Southeast Florida Governmental Purchasing Cooperative, for a period of one year with four (4) additional one (1) year renewal options. 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. SECTION 2: The appropriate City officials are hereby authorized to award to and accept and execute an agreement with Office Depot, Inc. on behalf of the Southeast Florida Governmental Purchasing Cooperative for a period of one-year with four (4) additional one (1) year renewal options, a copy of said Agreement attached hereto as Exhibit °C". 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. Temp Reso #9578 Page 4 October 17, 2001 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 14th day of November, 2001. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESDLUTION as to form. ITCHELL S: CITY ATTO 1 JbE- SC _ MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER ,_„j DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN— DIST 3: V/M SULTANOF_ DIST 4: COMM. ROBERTS AGREEMENT BETWEEN THE CITY OF TAMARAC AND OFFICE DEPOT. INC. THIS AGREEMENT is made and entered into this day ofby and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Avenue, Tamarac, FL 33321 (the "City") and Office Depot, Inc., a Delaware corporation with principal offices located at 2200 Old Germantown Road, Delray Beach, FL 33445 (the "Contractor") to provide for Office Supplies. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2) The Work The contractor shall perform all work for the City required by the contract documents as set forth below; a) Contractor shall furnish all labor, materials, and equipment necessary to provide and deliver Office Supplies as per the terms and conditions included within Request for Proposal (RFP) 01-15R. b) Contractor shall supervise the work force to ensure that all of Contractor's workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. 1 c) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. The insurance required hereunder may be through Contractor's qualified self-insurance program. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall be effective beginning December 1, 2001 thru November 30, 2002, with the option to renew for four (4) additional one (1) year periods, not to exceed a total contract period of five (5) years, based on performance and mutual agreement. 5) Contract Sum The pricing for this contract is based upon a fixed price for the proposal contract items and 53% off list price for the balance of the Business Services Division (BSD) catalog with a 15% Gross Profit (GP) floor. Virtual items in the BSD catalog (marked as a blue S) are 15% off list; Furniture is 35% off list with a 1 % (GP) floor; Business Machines are at Market price; and Paper is floating according to market price. 6 6) Payments Payment shall be made within thirty- (30) days after the City's receipt and approval of Contractor's invoices, prepared in such form and detail as the City may specify. Undisputed invoices not paid within thirty- (30) days of notice that invoices are past due, shall bear interest at the rate of 1.5% per month. 7) Indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768,28, as amended from time to time. 8) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 9) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. Ica 10) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. $$th Avenue Tamarac, FL 33321 CONTRACTOR Linda S. Sykes, DSM Office Depot, Inc. 13794 NW 41' Street, Suite 200 Sunrise, FL 33325 12) Termination With_a_ Copy To: City Attorney at the same address. With a Copy to: Office of General Counsel Office Depot, Inc. 2200 Old Germantown Road Delray Beach, FL 33445 This Agreement may be terminated by City or Contractor for cause or by either party for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 2 13) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Should this Agreement be terminated for lack of funding, all invoices for services and/or commodities supplied under the Agreement shall be paid in full. 14) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 15) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 16) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 17) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. I•1 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and Office Depot, Inc., signing by and through its Senior Vice President East, duly authorized to execute same. ATTEST: Marion Swenson, CMC City Clerk Date: f ! o ATTEST: �J (Corporate Sec tary 13R AN D. DAN Assistant secretary Type/Print Name of Corporate Secy. CITY OF TAMARAC J96 Schreiber, Mayor Date: `/41 J ffrey L. MiIC4r, City Manager Date: IVa as to form and legal II S. Kraft, CY Attorney OFFICE DEPOT, INC, Authorized Signature Cindy Campbell, Senior Vice President East Type/Print Name of Officer (CORPORATE SEAL) Date: I, y CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF C1.•: 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 Cindy Campbell, Senior Vice President East, Office Depot, Inc. a Delaware corporation, to me known to be the person(s) described herein and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal this a'` day of/, 2001. NORY..PUBLIC,,�ta�ghv�Flara a at Large r M OUST �i.i.%1't11 tli`f I( '}l h1� t''f'F1,Cl�IDA e kj` 3 Cr 75788K (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( Personally known to me or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( DID NOT take an oath M TR 10586 Temp Reso#9855 Page 1 EXHIBIT "B" September 11, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-254 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXERCISE THE FIRST RENEWAL OPTION OF THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND OFFICE , DEPOT, INC., EFFECTIVE DECEMBER 1, 2002 THROUGH NOVEMBER 30, 2003, ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, serving as "lead agency" for the Broward Governmental Cooperative Purchasing Group awarded RFP 01-15R, "Office Supplies" to Office Depot, Inc. on November 14, 2001, a copy of Resolution Number R- 2001-328 and Agreement is attached hereto as Exhibit "A"; and WHEREAS, the Agreement allows for four (4) additional one (1) year renewals, with this being the first renewal of the contract; and WHEREAS, Office Depot, Inc. has satisfactorily performed its contractual services and has agreed to extend the term of the Agreement through November 30, 2003; a copy of renewal agreement is attached hereto as Exhibit "B"; and WHEREAS, sufficient funds are available in all Departments' Operating funds; and WHEREAS, the Assistant City Manager/Interim Director of Finance and Purchasing and Contracts Manager recommend approval of the first renewal option between the City of Tamarac and Office Depot, Inc, for a one-year term. Temp Reso #9855 Page 2 September 11, 2002 effective December 1, 2002 through November 30, 2003, on behalf of the Southeast Florida Governmental Purchasing Cooperative; original Agreement awarded by Resolution No. R-2001-328; 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 authorize the appropriate City Officials to exercise the first renewal option of the Agreement between the City of Tamarac and Office Depot, Inc., for a period effective December 1, 2002 through November 30, 2003, on behalf of the Broward Governmental Cooperative Purchasing Group. 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. SECTION 2: The renewal agreement between the City of Tamarac and Office Depot, Inc. for a one-year term effective December 1, 2002 through November 30, 2003 is hereby approved. 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 1 1 Temp Reso #9855 Page 3 September 11, 2002 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 25th day of September, 2002. ATTEST: MARION SW ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. r i ITCHELL 8. KPT CITY ATTORNEY ✓ JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE City of Tamarac "Committed to Excellence... Always" Purchasing Division July 23, 2002 Linda Sykes District Sales Manager Office Depot 13794 NW 4t' Street, Suite 200 Sunrise, FL 33325 RE: RFP 01-15R Agreement Renewal Dear Ms. Sykes: The first renewal of the City's Agreement with Office Depot will expire on November 30, 2002. The original agreement provides for four (4) additional one-year renewals. This shall be the first renewal of the subject agreement, encompassing the term 12/01/2002 through 11/30/2003. Please advise if the first renewal of this contract would be acceptable to your company by checking the appropriate box below, completing the signature and acknowledgement pages, and returning the original document to Purchasing no later than August 6, 2002. Upon execution by the City, a copy will be returned to you for your records. If you have any questions, do not hesitate to contact me. Sincerely, - r>�a- Lynda S. Flurry, CPPO Purchasing/Contracts Manager I hereby agree to the first renewal of the City's agreement with Office Depot for the term 12/01/2002 — 11/30/2003, subject to the same terms and conditions as the original agreement" ❑ 1 am unable to agree to the first renewal of the agreement between the City and Office Depot 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tomarac.org Ulty of 1,:7r')rrr;x: �'ur'Ch;isrng Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Authorized Representative and OFFICE DEPOT, signing by and through its Senior Vice President East, Cindy Campbell, duly authorized to execute same. P - Marion Swenson, CIVIC City Clerk /0/ �a I,, - Date CITY OF TAMARAC Schreiber, Mayor 191116 Date Jeffr L. Miller, City Manager as to form and I6aal sufficiencv: Miyh6II S. Kraft, City Att6rney Date A Office Depot, Inc. Com ny Name 1 t e ary ignat of Au orized Representative z�Wu"c Type rint Name of Corporate Secy Cindy Campbell Type/Print Name of Authorized Representative f Aires / AX-1v 7 _ (CORPORATE SEAL.) Date Y . wM' City of I;U)7N ac F1J(C�1O;:1O(J OiVi$!G!) CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA S � 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 Cindy Campbell, Senior Vice President East of Office Depot, a Delaware Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged befo/ e h he/she executed a same. %J WITNESS my hand and official seal this/j day of20'--- ti�����`��NpA EN 'I 1I =� .•�,M1S51QN '•s �� - �,`c,� �mber.2g '* : �co N. • r•� :its #rc 061302 : "r i99y'•.'l�r�'.•, Q�Wl ignature of Notary Public State of'Florid,�',at Large rint, 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. TR 10586 Temp Reso 10198 Page 1 EXHIBIT T July 23, 2003 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXERCISE THE SECOND RENEWAL OPTION OF THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND OFFICE DEPOT, INC. EFFECTIVE DECEMBER 1, 2003 THROUGH NOVEMBER 30, 2004, ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, serving as "lead agency" for the Broward Governmental Cooperative Purchasing Group awarded RFP 01-15R, "Office Supplies" to Office Depot, Inc. on November 14, 2001, a copy of Resolution Number R- 2001-328 and Agreement is attached hereto as Exhibit "A"; and WHEREAS, the Agreement allows for four (4) additional one (1) year renewals, with this being the second renewal of the contract; and WHEREAS, the City Commission of the City of Tamarac approved an Agreement Amendment as Resolution 2002-254, on September 25, 2002, which extended the Agreement through November 30, 2003; a copy of which is attached hereto as Exhibit "B"; and WHEREAS, Office Depot, Inc. has satisfactorily performed its contractual services and has agreed to extend the term of the Agreement through November 30, 2004; a copy of renewal agreement is attached hereto as Exhibit "C"; and Temp Reso 10198 Page 2 July 23, 2003 WHEREAS, sufficient funds are available in all Departments' Operating funds; and WHEREAS, the Purchasing and Contracts Manager recommends approval of the second renewal option between the City of Tamarac and Office Depot, Inc. for a one-year term effective 12/01 /2003 — 11/30/2004, on behalf of the Southeast Florida Governmental Purchasing Cooperative; 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 authorize the appropriate City Officials to exercise the second renewal option of the Agreement between the City of Tamarac and Office Depot, Inc., for the term 12/01/2003 — 11/30/2004, on behalf of the Southeast Florida Governmental Purchasing Cooperative. 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. SECTION 2: The second renewal option of the agreement between the City of Tamarac and Office Depot, Inc. effective 12/1/2003 — 11/30/2004 on behalf of the Southeast Florida Governmental Purchasing Cooperative is hereby approved, and the appropriate City Officials are authorized to execute the Agreement Amendment on behalf of the City of Tamarac. . �J Temp Reso 10198 Page 3 July 23, 2003 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. B 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this St" day of October, 2003. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that CITY ATTORNEY, Ac JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABIS DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS City of Ji:!l11�;i(ri!: , ,�{ �1U1;�1.1.:f77�] i.3n col"dracrs Ulvlstoo _ ...... ........... ......._ .._---....... AGREEMENT AMENDMENT BETWEEN THE CITY OF TAMARAC AND OFFICE DEPOT, INC. The CITY OF TAMARAC (City) and Office Depot, Inc., a Delaware corporation, with principal offices located at 2200 Old Germantown Road, Delray Beach FL 33445, agree to amend the original Agreement dated November 14, 2001 as follows: Per the terms of Section 4, Time of Commencement and Substantial Completion, of the original Agreement dated November 14, 2001, the City and Office Depot, Inc. exercise the second renewal option for the term December 1, 2003 -- November 30, 2004. All other provisions of the original agreement remain in effect as written. IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, and Office Depot, Inc., signing by and through its Senior Vice President, duly authorized to execute same. ATTEST: ��— 4r46�� Marion Swenson, CMC City Clerk Joe Schreiber, Mayor Date Jeffrey L. Miller, City Manager Date �!� Approved as #o,foand legal sufficiency: Date _ _ _..._...... 17, Mitchell S. KrA, City AttornE Date Of) of Teifmw ac .wuh�asing ,?nd C'onfracis Divis.km ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) STATE OF FtOkiDA COUNTY OF ( Office Depot, Inc. Com ny Name I ignatufe'of Senior Vice President Cindy Campbell Type/Print Name of Senior Vice President Date CORPORATE ACKNOWLEDGEMENT SS 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 Cindy Campbell, Senior Vice President/East Region of Office Depot, Inc., a Delaware 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 4d4, , 2003 IF i •� DEC 10 2006 • c r: OB , • • v� RY'PV�,,``� Signature of Notary Public State of4FkK4da at Large CON NJ E F. I A -TM it 4 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 ❑ DID NOT take an oath. OT.fice MN. F 0s Business Services Division October 23, 2004 Mr. Keith Glatz Purchasing & Contracts Manager City of Tamarac 7525 NW 88t" Ave. Tamarac, FL 33321 RE: Broward Governmental Coop Contract Extension TR 10586 EINIBR "D" Please be advised that the Coop Agreement with Office Depot will be extended on a month to month basis while changes to the current agreement are negotiated. Until then Office Depot will continue to honor your existing terms, conditions and pricing, on the Broward Governmental Coop Contract, up to one additional year. We appreciate your business and look forward to continuing our partnership. Sincerely, I - Terry e �ee V Beaty Senior Account Manager Office Depot Business Services Division 13794 NW 4th Street • Suitt 200 • Sunrise. FL 33325 • (800) 815-7221 0 Fax: (954) 8-10-1233 Nov 17 04 03: 23p Terry Beau 954-346-4012 p, 2 AMENDMENT 41 TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND OFFICE DEPOT, INC. This Arrer m.�r:t to the Novem;,ee 14. 200- Agree'nent bet c.on `.he City of Tamarac, a municipa corporation' with pri:nciptat o"ices Icci,tt,d a: 7525 N.'�,J. c a,% Ave., Tamarac, FL 33321 (the 'City") and Office Depot, inc., a Delaware corporation, with principal offices located at 2200 Old Germantown Road, Delray Beach FL 33445. is made and e-itere>d Vc th;s day of oven � Q-r 20G4. WHEREAS, tic City and the Contrac:or en:erect .nto an Agreer^en' rtalec November 14, 2001, awarded as a result of RFP 01-15R, entitled Officu Supp ies, issued on behalf of the Southeast Florida Governmental Purchasing Cooperativo; w..j `I'] 11S. both partios y, stj tc awte^W ,•,A.�r lira.` Aorr-p ne v dalrxrl November 14. 2001; said amendment to include a one-year re pw+al :e,fr..-jld WHEREAS, the Contractor r��presents that it is currenilly capable of continuing :o prcv oa tFo nocessa y Lrt te, rf ffice c;i, pyins to the City and the Southeast 1=IOriCa Purcrtasirg Coopera'ive; and NCW, THEREFORE, in consideration of the premises nonlained herein. tho parties "Orcto -19,00 to ampn(t },-Tin a w of the ne r inal rtr'tre'@r71F'l, Ft5 •oiicvs' ]. 4) Time of COTInlencement and Substantial Co-1p;e!,ar. Th-:� work to be: performed under this Agreement shall be effective beginning DprAmhPF 1.::! 22,24 thru November X 2004 2005, with the option to renew for touF one _ e i :a additiona; one (]; year periods, nct to exc4eed a total cc -::rant f;eriviJ of five (.5' years, based on performance and mutual agroe1men:. 2. Ail other provisions of the original agreement dated November 1.3, 2001 remain in ef'^ct ea writteri. W-70 5WUI i 'rmL.gh .we :2,_ ..?9.)r�•r+r:•r� iF.0 :1;:-•n�+:n^• - - � - •• - OFFICE DEPOT, INC. ASSISTANT SECRETARY'S CERTIFICATE The undersigned, Brian D. Dan, hereby certifies that he is the Assistant Secretary of Office Depot, Inc., a corporation incorporated under the General Corporation Law of the State of Delaware (the "Corporation"), and that, as such, he is authorized to execute this Certificate on behalf of the Corporation, and further certifies that: 1. The Corporation is a corporation duly incorporated and in good standing under the laws of the State of Delaware; and 2. Michael F. Cosgrove is Vice President, Business Services Group, for the Corporation and as such he is authorized to execute bids and contracts for the sale of office supplies on behalf of the Corporation. IN WITNESS WHEREOF, the undersigned has hereunder set his hand as of this j day of 12004 OFFICE DEPOT, INC. By. f, r Brian D. ice President, Asst. General Counsel and Asst. Secretary Nov 17 04 03:23p Terry Heats 354-346-4012 p.3 ram: wi IN WITNESS WHEREOF, -he parties )orehy have made and executed t-iis Arriendment to Agreement on the respectUve catws _r,,2r Want, signature, :he City of Tamarac signing by and throrr�fh its Mayor and City Manager and Office Depot, Inc., signing by and through its Senior Vice Presideni, duly aumorized t() wxecutL flame. ATTEST: M��riAi1 rverts n, CU" City Clerk lip Gate ATTEST (Corporalo Secr-ta Assistant Br.i.a n D I. Dan- _. Type/Pri-lt Name of CorporatcISecy (CORPORATE SEAL) CITY OF T MARAC r AfteSchreibe rr Mayor fate .;ef`re . M:I' .rC'y Manager A q.j o Zt1chell Poved s fc;.-rn and le al suffiOubliuy: S- Kraft, City AttorneyDate Office Deppl, :nc. CCrrtpa Nq-itureaSigr a�irient Type/Print Nane of Spr)br Vice President Assistant Date