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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-229Temp Reso 10198 Page 1 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. 1 1 1 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 8t" day of October, 2003. ATTEST: -2 MARION SENSONCMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL' S. KRAFT CITY ATTORNEY, JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER 4-- DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISC DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS EXHIBIT A Temp Reso #9578 Page 1 October 17, 2001 TEMP RESO 10198 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 "B"; 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 RESOLUTION as to form. ITCHELL SNX� CITY ATTORN 1 W4.4RAk "1r• -- ..- RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: V/M SULTANOF _ DIST 4: COMM. ROBERTS AGREEMENT BETWEEN THE CITY OF TAMARAC I_1► I I7 OFFICE DEPOT, INC. THIS AGREEMENT is made and entered into this day of ?u'. Jk'! 2001 by 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 far 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. 2 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. 3 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. 88th Avenue Tamarac, FL 33321 CONTRACTOR Linda S. Sykes, DSM Office Depot, Inc. 13794 NW 4'h Street, Suite 200 Sunrise, FL 33325 12) Termination With a Copy To: City Attorney at the same address. With a Copy o: 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. 4 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. 5 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: ! &LO ATTEST: (Corporate Secretary BRIA,N D. DAN Assistant Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Jqe Schreiber, Mayor Date: c J ffrey L. 4114r, City Manager Date. //1,/ /o/ -_--- /11-�pled as to form and legal S6ffic ne Mitchbil S. Kraft, CRAttorney t v 11 OFFICE DEPOT, INC. Authorized Signature Cindy Campbell, Senior Vice President East Type/Print Name of Officer Date: 1 -,- -w" / CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF Ck, 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, 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'"L day of /o /, 2001. OTARY PUBLIC, Stag 5 F-Jori a at Larg Il:ili'.-0WROF:PA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( ►fPersonally known to me or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( PrDID NOT take an oath i7 EXHIBIT "BN PROPOSED CITY COMMISSION AGENDA ITEM T R V R8 City Commission Meeting of: September 25, 2002 Cut Off Date: September 11 2002 RESOZ..Zgr11co W Temporary Resolution Number: 9855 r, �86l, Item Title: 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. The initiating Department Director will place below, in sequence of transmittal, the names of each department that must initial their review in order for this item to be placed on the City Commission agenda. Department 1.) Purchasing 2.) Finance 3.) Risk Mana ement 4.) Assistant to the City Manager _ 5.) City Attorney _ 6.) City Manager 7.) City Clerk Initials for Approval Initials for Disapproval Initiating Department Director's Signature: Date: #9855 Renewal office Supply Agenda.doc Form Revis CITY OF TAMARAC INTEROFFICE MEMORANDUM FINANCE DEPARTMENT PURCHASING TO: Jeffrey L. Miller, DATE: September 11, 2002 City Manager FROM: Lynda S. Flurry, Purchasing RE: Temp Reso #9855 - and Contracts Manager Renewal of RFP 01-15R, "Office Supplies", with Office Depot Recommendation: Exercise the first renewal of the Agreement with Office Depot for a one-year term effective 12/1/2002 — 11/30/2003, for the purchase of Office Supplies, on behalf of the Southeast Florida Governmental Purchasing Cooperative. The Southeast Florida Governmental Purchasing Cooperative and the City of Tamarac require office supplies. Background: The City of Tamarac, serving as "lead agency" for the Southeast Florida Governmental Purchasing Cooperative awarded RFP 01-15R, "Office Supplies", to Office Depot on November 14, 2001. The Agreement allows for four (4) additional one (1) year renewals, with this being the first year to renew the contract. Office Depot has agreed to renew the contract, therefore, the Purchasing and Contracts Manager recommends that the City renew RFP 01-15R for the purchase of Office Supplies with Office Depot for a one year term effective 12/1/2002 — 11/30/2003. If you have any questions, please do not hesitate to contact me. Lyn a S. Flurry Temp Reso #9855 Page 1 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. I 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 SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ITCHELL S. K , T 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 F Tp,y, nt t"arnarrac; Purchasing and Contracts Division S� P fi 1 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: Marion Swenson, CMC City Clerk /0// Date CITY OF TAMARAC Joe Schreiber, Mayor Date ,?7/ Jeffre . M" er, City Manager Date 1 a foray a0 legal t Mitchell S. Kraft,'City Atto q Date iency: 2 0'44,1City of Tamara(, ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) 614., ..rc. i 16-, STATE OF PL$RI-7A COUNTY OF f'urr.;hasinct and Contracts Division Office Depot, Inc. Co pany Na e ignat6re 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 •�` t��� F.T;1r �•��Q?•;1j1�A►�L�i x DEC, 10 2006 Z ••c+o ?0.9Q Cou1 .`0.`����� f (P day of V • , 2003 Signature of Notary Public State of F+efida at Large oN jv IE F. 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. 3 e.w���. �,*`� ,� .. 0' r