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Contract 2019-78ADocuSign Envelope ID: 028F8F41-CCDC-4F22-AC4D-44C960ED8446 2019-78A Execution Copy AGREEMENT FOR OFFICE SUPPLIES, PRODUCTS AND RELATED SERVICES THIS AGREEMENT, is made and entered into this 12th day of October 2019, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and OFFICE DEPOT, INC., whose address is: 6600 North Military Trail, Boca Raton, FL 33496, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Tamarac through the public procurement process awarded an Agreement for office supplies, products and related services, City of Tamarac Contract Number RFP No. 19-12R; WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the City of Tamarac Contract Number RFP No. 19-12R. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I — SCOPE OF WORK The CONTRACTOR shall furnish office supplies, products and related services as described in the City of Tamarac Contract Number RFP No. 19-12R, which is attached hereto and incorporated herein as Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply to the extent they do not conflict with the terms herein. ARTICLE II — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents, attached hereto and incorporated herein. ARTICLE III — TERM AND TERMINATION This Agreement is to become effective upon execution by both parties, and shall remain in effect until October 13, 2023, unless terminated or renewed as provided by the City of Tamarac. 2. Notwithstanding any other provision of this Agreement, CITY may, upon DocuSign Envelope ID: 028F8F41-CCDC-4F22-AC4D-44C960ED8446 Execution Copy written notice to CONTRACTOR, terminate this Agreement if. a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. ARTICLE IV — COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable purchase order or notice to proceed. ARTICLE V — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted and undisputed services provided, within thirty (30) calendar days of date of the invoice. ARTICLE VI — DISPUTE RESOLUTION - MEDIATION I. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 2 DocuSign Envelope ID: 028F8F41-CCDC-4F22-AC4D-44C960ED8446 Execution Copy ARTICLE VII — NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Office Depot, Inc. 6600 North Military Trail Boca Raton, FL 33496 Attn: Jim Pollman, Vice President With a COPY TO: Office Depot, Inc. 66000 North Military Trail Boca Raton, FL 33496 Attn: Office of General Counsel. CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE VIII — MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by City of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 3. Severability. If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 3 DocuSign Envelope ID: 028F8F41-CCDC-4F22-AC4D-44C960ED8446 Execution Copy 5. Entire Agreement. This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be State of Florida. ARTICLE IX — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: This Agreement 2. Purchase Order/Notice to Proceed 3. All documents contained in the City of Tamarac Contract/Bid No. RFP 19-12R 4 DocuSign Envelope ID: 028F8F41-CCDC-4F22-AC4D-44C960ED8446 Execution Copy IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 12tn day of October, 2019. City of lermont Gail L. Ash, Mayor Howe, City Clerk Office Depot, In . r" By: , Jim PAm41 Vice President Title Attest: See attached Corporate Secretary (Name Printed or Typed) 5 DocuSign Envelope ID: 028F8F41-CCDC-4F22-AC4D-44C960ED8446 Execution Copy Exhibit A DocuSign Envelope ID: 028F8F41-CCDC-4F22-AC4D-44C960ED8446 office3mmpoT OFFICE DEPOT, INC. ASSISTANT SECRETARY'S CERTIFICATE The undersigned, Darlene Q. Henry, hereby certifies that she 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, she 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. James Pollman, serves as Vice President, Business Solutions, and as such he is authorized to execute bids and contracts for the sale of office supplies on behalf of the Corporation. 2013. IN WITNESS WHEREOF, the undersigned has hereunder set her hand as of this 15th day of July, OFFICE FOT", C. By: Darlene Q. Henry, Assistant Secretary 6600 North Military Trail I Boca Raton, FL 33496 1 T + 561.438.4800 EXHIBIT A chy at TWWW TAMARAC The city F4W YOW Ufe AGREEMENT BETWEEN THE CITY OF TAMARAC AND OFFICE DEPOT, INC. Exhibit 2 pwchtarnp arrd cantmcts ot�oiston THIS AGREEMENT is made and entered into this 14th day of October, 2019 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the CITY"') and Office Depot, Inc. a Delaware corporation duly registered as a Florida Foreign Corporation, with principal offices located at 6600 North Military Trail, Boca Raton, Florida 33496-2434 (the "Contractor') to provide Office Supplies for CITY and other participating agencies in the Southeast Florida Governmental Purchasing Cooperative and nationwide through OMN1A Partners, Public Sector ("Omnia Partners„). 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, Request for Proposal Document No.19-12R for Office Supplies, Products and Related Services Issued March 5, 2019, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), Technical Specifications, all addenda, the Contractor's bid/proposal dated May 9, 2019 incorporated herein as If attached hereto, 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 as if attached to this Agreement or repeated therein. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2. The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to provide just -in -time desktop delivery of office supplies to the City of Tamarac and participating members of the Southeast Florida Governmental Purchasing Cooperative and to agencies participating in this Agreement through Omnia Partners. 2.1.2 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. TAMARAC City of ro"Mm The City For %burlN* Purchasing and Controcts DlYi IM 2.2 The Contractor and the City shall extend this Agreement to other public sector entities ("entities") within the State of Florida, Including but not limited to agencies, school districts, universities, community colleges, counties, cities, towns, villages and special districts. Purchases may be made under the terms and conditions of this Agreement by governmental and educational entities located outside the State of Florida. 2.3 The City (also referred to as "Principal Procurement Agency" In. material provided by Omnia Partners) and Contractor are partnering with Omnia Partners to offer the Agreement (also referred to as the "Master Agreemenr In material distributed by Omnla Partners) on a national basis to public agencies who register with Omnia Partners ("Participating Agencies"). Participating Agencies that choose to access the Agreement via their participation with Omnia Partners do not need to register with the Southeast Florida Governmental Purchasing Cooperative and vice versa. 2.4 Third -Party Audits: The Contractor shall obtain a third -party firm (to be approved by the City) at no additional cost to the City to conduct external price audits for the Agreement. The third -party firm will perform a quarterly audit with a minimum of 500 items to confirm the accuracy of the discount from list price and final sell price. Specifically, the third -party firm will verify that prices offered to the City under the Agreement which are displayed on the Contractor's website are less than or equal to the discounts offered in the Agreement. The third -party firm shall submit a quarterly report to the City confirming the "Price Accuracy Rate' within 15 days after the close of each quarter. The "Price Accuracy Rate" shall be calculated using the following formula: Price Accuracy Rate = the number of audited items each quarter where the net price is less than or equal to the Agreement price, divided by the number of audited items (Example: 490 items priced at or below the approved Agreement price/500 items audited = 98.0% pricing accuracy). The Contractor shall maintain a Price Accuracy Rate of 98% or greater. At a minimum, the quarterly report will identify items not in compliance with the Agreement terms, provide the date of the audit and screenshots of the items on the Contractor's website that were not in compliance with the Agreement terms. Tier 1 Provider Option (Small, Minority- Women - Owned and Service Disabled Veteran Suppliers) 2.4.1 Contractor partners with certain small businesses and minority- or women -owned supplies and services disabled veteran suppliers ("Tier One Providers") to assist Participating Agencies in meeting diversity goals. Tier One Providers perform services and resell products from Contractor to Participating Agencies. Participating Agencies may request Contractor to provide products and services available under the Agreement through Tier One Providers. Contractor will report all applicable invoiced sales to Omnia Partners in accordance with the Agreement. TAMARAC no �FW�uh TGrnla�at PW4husFrry arfdCantmctS Odvisiort 2.4.2 Pricing offered to Tier One Providers will be the pricing offered under the Agreement marked -up by the percentage of compensation negotiated by Contractor and Tier One Provider, and mutually agreed to by the Participating Agency. 3. Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in section 3A herein of this Agreement or as required by the City's Risk and Safety 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. Contactor shall provide to the City's Risk and Safety 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. 3.2. 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 General 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 Uability Insurance policies. 3.3. Contractor agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and kcal laws and regulations now In effect, or hereinafter enacted during the term of this agreement thug are applicable to Contractor, its employees, agents, or subcontractors, If any, with respect to the work and services described herein. 3.4 Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Contractor shall maintain such Insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk & Safety Officer oertifmtes of all insurance required under this section prior to beginning any work under this Agreement. Contractor shall indemnify and save the City harmless from any damage resulting to it for failure of either Contractor or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Contractor agrees to maintain during the term of this contract: TAMAIRAC CNY!YThe ��� LNO Tananot AwmWnq wind C'o� DivtiJn++ Insurance Requirements Line of Business 1 Coverwe Occurrence Comrnerdal General Uab*d'y Including: $1,000.000.00 --Aggregate $2,000,000.00 Premises / Operations Contractual Uablift Personal Injury Explosion,Cella Underground Hazard Products / Completed Operations Broad Form Property Damage Cross Liability and Severabillty of Interest Clause Commercial Automobile Liability $1,000,000.00 $1,000,000.00 Workers' Compensation & Employer's Statutory Professional Liability (Errors and Omissions) $1,000,000.00 $2,000,000.00 The Bidder must provider the City with evidence of Professional Uability Insurance with at a minimum of One Million dollars ($1,000,000.00) per occurrence and In the aggregate 'Claims -Made" forms are acceptable table for Professional Liability. Excess liability is not required but will accept it if the General Liability cannot cover the $2 V$3M The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Contractor or any subcontractor shall commence work under this contract until they have obtained all Insurance required under this section and have supplied the City with evidence of such coverage In the form of an insurance certificate and endorsement. The Contractor will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. Contractor will be responsible to provide proof of insurance and certificates of Insurance to participating agencies. All insurance carriers shall be rated at least A-VII per A.M. Besfs Key mating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Contractor's liability insurance policies shall be endorsed to add the City of Tamarac (or participating agencies utilizing this Agreement) as an "additional insured. The Contractor shall be responsible for the payment of all deductibles and setf4nsured retentions. If the Contractor is to provide professional services. The City reserves the right to request the successful Contractor to provide the City with evidence of Professional Uability Insurance with, at a minimum, a limit of $1,000,0DO per occurrence and in the aggregate. TAMARAC The City For Your Life City of Tamarac _ Purchasing and Contracts Division "Claims -Made" forms are acceptable for Professional Liability insurance in the event that the successful Contractor provides professional services as agreed upon with City. 4. Contract Term and Renewal This Agreement shall be effective October 14, 2019 for a period of four (4) years until October 13, 2023. City and Contractor reserve the right to exercise one (1) additional four (4) year agreement, upon the written agreement by both Contractor and City, subject to satisfactory performance by Contractor. In the event that an Agreement is not in place as of the termination date of this Agreement, the Agreement shall remain in effect on a month -to -month basis until terminated, but not for longer than six (6) months following the October 13th termination date. 5. Contract Sum, Pricing, Payments, Discounts, Deliveries and Warranties 5.1 Contract Sum: The Contract Sum for the above work is based on the core, market basket and discounted catalog pricing provided by Contractor as part of its response to Request for Proposal #19-12R dated May 9, 2019. Contract shall be for the actual amount ordered by all qualified user agencies including the City of Tamarac, members of the Southeast Florida Governmental Purchasing Cooperative, and to participating agencies with Omnia Partners. 5.2 Pricing Escalation/De-escalation 5.2.1 Contractor shall submit requests for escalation or de-escalation within a reasonable time period prior to the desired effective date of the change. The changes shall be based on changes to the list unit pricing for each item, and the percentage discounts for each category/item shall remain unchanged throughout the term of the Agreement. 5.2.2 The City recognizes that at certain times during the term of this Agreement, pricing in some industries may become volatile due to various changes not limited to changes in economic conditions such as product shortages, raw material shortages, labor stoppages, tariffs, government regulation, foreign interference or other changes which create volatile market pricing. The successful Contractor shall be responsible to provide adequate notice to the City of such situations. It is desired that such pricing remain fixed and firm through the remaining three (3) month period in place at the time, with adjustments to be made at the beginning of the next three (3) month period; however, in the event of extreme changes in market conditions, the Contractor shall advise the City as soon as feasibly possible regarding the circumstances surrounding such extreme market condition changes. TAMARAC The City For Your Life City of Tamarac _ Purchasing and Contracts Division 5.2.3 The Contractor may offer promotional discounts for specific items or categories of items. The Contractor may provide the City with temporary promotional discounts to pricing during the term of the Agreement. The promotional discounts may be provided based on the actual effective dates of such promotions and shall not penalize the Contractor when pricing is audited. 5.3 Deliveries: Deliveries shall be FOB destination with all costs and charges included in the contract price. The pricing shall include desktop delivery and dock and/or mailroom delivery as specified by the individual participating agency; however additional freight charges may be applied for items exceeding 70 lbs. in weight, and/or 110" in length/width, furniture, bulk items, cases of bottled water and other beverages, orders delivered to Hawaii, Alaska and Puerto Rico, special or customized orders and/or rush deliveries. 5.4 Minimum Order / Minimum Order Fee: Contractor is permitted to impose a minimum order fee of $5.95 for orders valued at $25.00 or less. The $25.00 minimum order will remain in place for the life of this Agreement and any renewals expressly authorized under this Agreement. Beginning on the first anniversary of the effective date of this Agreement, and on each anniversary date thereafter, Contractor reserves the right to escalate the minimum order fee by a maximum of 10% of the current fee then being charged; however, the minimum order fee shall never exceed a cap of $7.95 for the lifetime of the Agreement. Contractor agrees to utilize technology web -based solutions to provide sufficient notifications and / or other controls necessary to alert Participating Entities that a fee will be charged for orders valued at $25.00 or less. Such technology based tools shall provide the capability to allow the Participating Agency to meet the minimum order value in order to avoid the Minimum Order Fee. 5.5 All materials and products supplied by the Contractor in association with this Agreement shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Contractor in accordance with the requirements of the Contractor's Return Authorization Policy. Contractor's warranties will be limited to Contractor -branded products only, and for all other products, Contractor will pass through to participating agencies, all manufacturer -supplied end -user warranties. The warranty period shall commence upon final acceptance of the product in accordance with Contractor's or manufacturer's end -user warranties as applicable. TAMARAC City of Tom = Tin City FDr YOW WO and Conbods d'WS1on 6. Payments Invoices are due thirty (30) days from the date of invoice. Invokers not paid within thirty (30) days shall bear Interest at the rate of 1.5% per month or the maximum amount allowed under law, whichever is less, from the due date of the invoice. City's credit limit shall be established by Contractor, who reserves the right to lower Ciity's credit limit or refuse to ship any orders if at any time: (a) City is delinquent In making payments to Contractor or Is otherwise In breach of this Agreement; or (b) City's credit standing becomes Impaired or reasonably unsatisfactory to Contractor. When payment Is made by purchase order or ACH transaction, payment will be made only after receipt and acceptance of materials/services, and upon receipt of a properly prepared invoices as applicable for goods properly delivered. Payments by procurement card shall only be permitted at the time of order entry. The City of Tamarac will pay all office supply invoices by procurement card. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part WIi, Chapter 218. 7. Indemnification 7.1 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 or resulting from, the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of Iffe, bodily or personal injury, or property damage attributable to the gross negligence or willful misconduct of the City or its elected or appointed officals 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. 7.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 7.3 The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorneys fees (including appellate attorney's fees) and costs. 7.4 The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such TAMARAC cry of Ta=rae MW sty ftr V" Uft PurchusIng and Cow DhiOon Indemnities, and the providing of such Indemnities Is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 7.6 City reserves the right to select its own legal counsel at the Cty's cost to conduct any defense In any such proceeding. 7.6 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 & Equal Opportunity Employment During the performance of the Contract, ft Contractor and Its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex Including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability I qualified. The Contractor will tape affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability If qualified. Such actions must include, but not be limited to, the following. employment, promotion; demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship. The Contractor and its subcontractors shall agree to post In conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that 'he/she will ensure that all subcontractors, If any, will be made aware of and will comply with this nondiscrimination clause. 9. Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. it Is the Intent of the Parties that the Contractor is an Independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and Independent TAMARAC „»��� Lik City of TaBfaMC Parchasino and COnlroctt aVifbf► enterprise from the City, that it had full opportunity to find other business, that it has made its own Investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any Joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, Including but not limited to unpaid minimum wages and/or overtime premiums. 1©.Assignment and Subcontracting Contractor or City shall not transfer or assign the performance required by this Agreement without the prior consent of the other party. This Agreement, or any portion thereof, shall not be subcontracted by Contractor without the prior written consent of the City; and shall not be subcontracted by City without the prior written consent of the Contractor. For purposes of this Agreement, any change of ownership of the Contactor shall constitute an assignment which requires City approval. However, this Agreement shall run to the benefit of the City and its successors and assigns. The prohibition on assignment and subcontracting does not apply to subcontractors involved in Conbactor's or City s day-to- day operations. 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 either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attomev at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Office Depot, Inc. 6600 North Military Trail Boca Raton, FL 33496-2434 Attn: Thomas Rleclo, Senior Vice President Ti'iomas.RWo,,@officedei)ot.com TAMARAC Cit y+ o f TOA7"M ftaimQt wW CoPli eft avWm 12.Terminadon 12.1 Termination for Convenience: The City recognizes that this Is a national Agreement, and as such will require sufficient notice to participating entities prior to any contract termination. This Agreement may be terminated by the City or Contractor for convenience, upon a minimum of one -hundred eighty (180) days of written notice by the City to the Contractor or by the Contractor to the City, 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. 122 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause. 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 minimum period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the City against loss pertaining to this termination. 123 Default by City: In addition to all other remedies available to the Contractor, this Agreement shall be subject to cancellation by the Contractor for cause, should the City neglect or fall to perform or observe any of the terms, provisions, conditions, or requirements herein contained, If such neglect or failure shall continue for a minimum period of thirty (30) days after receipt by City of written notice of such neglect or failure. 13.Scrutinized Companies F.S. 287.135 and 215.473 Contractor must certify that the company is not participating in a boycott of Israel. Contractor must also certify that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations In Cuba or Syria. Subject to limited exceptions provided in state taw, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Contractor must submit the certification that is attached to this contract. Submitting a false certification shad be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (80) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. If sOF.,:*,!:: its J1 LDIA�. I I m4 777-ir: TAMARAC rn. {: y For Vbur LifeCif of Tumarot _ Purchasing and ContrpctsaVlrfibn directly pertaining to this Agreement, to determine whether Contractor extended correct pricing. Any third -party auditor used must be approved by Contractor and must execute a non -disclosure agreement. Contractor may dispute the result of any audit by City and will refund any overcharges to customer (and customer shall be requested to refund any undercharges to Contractor, however, City will not be responsible for the actions of other participating agencies utilizing this Agreement, and Contractor shall not Involve City in any enforcement actions against any participating agency). Other conditions may apply. 15. Uncontrollable Forces 15.1 Neither the City nor Consultant shall be considered to be In default of this Agreement if delays In or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results In the prevention or delay of performance by a party of Its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, dvil disturbance, sabotage, and governmental actions. 15.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement, IS. 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. 17.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. TAMARAC Ths City For Your We City of TamwW 18. Signatory Authority Purchasrrre and contracts Dh*bn 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. 19. Severabllity; 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 unenforceabiiity without Invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement 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. 20. 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. 21. No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proosedings or disputes connected with, arising out of, or Involving this Agreement. 22. Public Records Custodian: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK(,TAMARAC.ORG TAMARAC no acy gear ur. Tamarac no mid Conbottt 0iaision 23. Special Provisions for Florida Schools: It is anticipated that this Agreement will be utilized by various school districts within the State of Florida. Accordingly, Contractor or any Sub -contractor making deliveries to the facilities of any School District in the State of Florida with children present shall comply with the following requirements: 23.1 Background Screening: Contractor does not share its employees' personal Identifiable information. However, upon receipt of award, Contractor will run background checks as required by any State Department and will provide attestations certifying that the background checks have been run on the employees who will be performing the work and that such persons have not been convicted of a violent or serious felony. 23.2 Child Neglect: The Contractor and its employees shall be subject to the requirements of §39.201 Florida Statute that requires the reporting of child abuse or child neglect to the State of Florida, Department of Children and Families via the Florida Abuse Hotline 14500-982-2873. 23.3 Confidential Student Information: Notwithstanding any provision to the contrary contained in this agreement between the Contractor and the City; Contractor and its officers, employees, agents, representatives, contractors, and sub -contractors shall fully comply with the requirements of Section 1002.22 and Section 1002.221, Florida Statutes, or any other law or regulation, either federal or State of Florida, regarding confidentiality of student information and records. Further. Contractor for itself and its officers, employees, agents, representatives, contractors, or sub- contractors, shall fully indemnify and hold the City of Tamarac as well as any Florida school district using this Agreement, and its officers and employees harmless for any violation of this covenant, including but not limited to defending the City and any Florida school district using this Agreement, its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon the City or Florida school district using this Agreement or payment of any and all costs(s), damages (s), judgment(s), or loss(es) Incurred by or imposed upon the City or Florida school district using this Agreement arising out of the breach of this covenant by the vendor, or an officer, employee, agent, representative, contractor, or sub -contractor of the vendor to the extent and only to the extent that the vendor or an officer, employee, agent, representative, contractor, or sub -contractors of the vendor shall either intentionally or negligently violate the provisions of this covenant, or Sections 1002.22 or 1002.221, Florida Statutes. This provision shall survive the termination of or completion of all performance or obligations under this agreement and shall be fully binding upon Contractor until such time as any proceeding brought on account of this covenant is barred by any applicable statute of limitations. TAMARAC The City For Your Life City of Tamarac _ Purchasing and Contracts Division 24. Compliance with Statutes: It shall be Contractor's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state and federal agencies as applicable; specifically the Jessica Lunsford Act — Chapter 1012, Florida Statutes, which provides for the screening of individuals who are vendors or contractors with a Florida public school or district. Remainder of Page Intentionally Blank TAMARAC n�.aar+�1eirw. Cfty aj SOmar+ot PurchasM.1 and Contracts Wslon 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 Cky Manager, and CONTRACTOR, signing by and through its duly authorized to execute ssma. TAMgR'% 'ESTABLISHED a .. 19g3 p'• SEAL :O ATTEST: Signature of Corporate Secretary Michelle J. Gmvw, M*or l/ -10 -11 Delve r illchsel C. Ceniech, Cityyanager it mlvm[ . legal sufficiency Date Office Depot, Inc. Company Name Signature of Senior Vie PresidentlOwrner KYA "-ro � Q wn, 0 Thomas Ricdo Type/Print N me of 6o-SecY. Type/Print Name PrasidentK vmer of Senior Vice (CaRPORATE SEAL) Date - - N TAMARAC CORPORATE ACKNOWLEDGEMENT STATE OF :SS COUNTY OF%orr &aA,% I HEREBY CERTIFY that on this day, before me, an Officer duty authorized in the State aforesaid and In the County aforesaid to take acknowledgments, personally appeared t'LiQ _ , of a 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 c\ u t a t . 20]:t. csiaaiyW WMX Signature of Notary Public f j *"V -r+ State of Florida at Large ' l] Co on G 2023 31, a: Mhr tom MitWnd iaatm A�u+. Print, Type or Stamp Name of Notary Public Personally known to me or i� Produced Identification Type of I.D. Produced DID take an oath, or DID NOT take an oath. CITY OF TAMARAC REGULAR CITY COMMISSION MEETING City Hall - Commission Chambers July 10, 2019 CALL TO ORDER: 7:00 p.m. ROLL CALL: Mayor Michelle J. Gomez 1. PROCLAMATIONS AND PRESENTATIONS: a. Tamarac Historical Society 10th Anniversary Proclamation Presentation of a Proclamation by Mayor Michelle J. Gomez proclaiming July 14, 2019 as "Tamarac Historical Society Day". (Requested by Vice Mayor Debra Placko) b. Presentation of Certificate of Completion of 2019 Advanced Institute for Elected Municipal Officials to Commissioner Julie Fishman Presentation of Certificate of Completion of 2019 Advanced Institute for Elected Municipal Officials held April 12-13 in Tampa, Florida to Commissioner Julie Fishman C. Presentation of Certificate of Completion of 2019 Advanced Institute for Elected Municipal Officials to Commissioner Marlon Bolton Presentation of Certificate of Completion of 2019 Advanced Institute for Elected Municipal Officials held April 12-13 in Tampa, Florida to Commissioner Marlon Bolton d. Presentation of Certificate of Completion of 2019 Advanced Institute for Elected Municipal Officials to Commissioner Mike Gelin Presentation of Certificate of Completion of 2019 Advanced Institute for Elected Municipal Officials held April 12-13 in Tarnpa, Florida to Commissioner Mike Gelin 2. CITY COMMISSION REPORTS a. Commissioner Bolton b. Commissioner Gelin c. Commissioner Fishman d. Vice Mayor Placko e. Mayor Gomez 3. CITY ATTORNEY REPORT Any member of the public may speak to any issue that is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. When an issue has been designated as quasi-judicial, public remarks shall only be heard during a quasi-judicial hearing that has been properly noticed for that matter. ANNOUNCEMENT OF TIME ALLOCATIONS -MOTIONS TO TABLE The Chair at this time will announce those items that have been given a specific time to be heard, and will entertain motions from the Commission members to table those items that require research. The Commission may agendize by majority consent matters of an urgent nature which have come to the Commission's attention after publication. 6. CONSENT AGENDA Items listed under Consent Agenda are viewed to be routine and the recommendation will be enacted by ONE MO110N in the form listed below. If discussion is desired, then, in accordance with Resolution 2003- 15, Sec. 4.5, the items) will be removed from the Consent Agenda and will be considered separately. a. Approval of the June 12, 2019 Regular Commission Meeting Minutes Approval of the June 12, 2019 Regular Commission Meeting Minutes b. TR13296 - Citywide Culvert Headwall Improvement Project Phase VI A Resolution of the City Commission of the City of Tamarac, Florida, approving various Task Authorizations with Stantec Consulting Services; authorizing a cumulative expenditure for said purpose in an amount not to exceed $76,645.00; providing for conflicts; providing for severability; and providing for an effective date. C. TR13287 - Tire Purchase Utilizing FSA Bid Award #FSA19-TRS21.0 A resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to approve expenditures for tires used by various City departments in an amount not to exceed $90,000 annually from authorized vendors, including, but not limited to Tiresoles of Broward, Inc., utilizing the Florida Sheriffs Association Agreement #FSA19-TRS21.0 for tires; effective upon approval through February 28, 2022 or as extended by the Florida Sheriffs Association; authorizing proper City officials to execute contract renewals; providing for severability; and providing an effective date. d. TR13292: Amendment to FDOT Grant Agreement A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to accept an amendment to an agreement between the City of Tamarac and the State of Florida Department of Transportation (FDOT) for the Florida Highway Beautification Grant provided to the City of Tamarac for the provision of Landscaping along Commercial Boulevard; providing for the execution of necessary documents pending legal review, providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): District 1 District 2 g, TR13258 - Approval of a Deed to Convey Certain Property to FDOT A Resolution of the City Commission of the City of Tamarac, Florida, approving a Deed of Conveyance by and between the City of Tamarac and the State of Florida Department of Transportation (FDOT) to convey a portion of land which lies adjacent to State Road 7 (U.S. 441) and State Road 870 (Commercial Boulevard); authorizing the appropriate City Officials to execute said Deed of Conveyance by and between the City of Tamarac and the State of Florida Department of Transportation (FDOT) to convey a portion of land which lies adjacent to State Road 7 (U.S. 441) and State Road 870 (Commercial Boulevard); authorizing the City Clerk to forward a certified copy of this Resolution to FDOT, providing for conflicts; providing for severability; and providing for an effective date. f, TR13295 - Eden West Apartments — Vacation of Right -of -Way A resolution of the City Cornrdssion of the City of Tamarac, Florida, approving a Vacation of Right - of -Way petition in an effort to vacate a portion of the public half right-of-way of NW 70 Avenue from NW 84 Avenue to N Pine Island Road, more specifically the 8400 Block to the 8800 Block of NW 70 Avenue as further described and shown in the legal description and sketch attached hereto as Exhibit "A", to reduce the public right-of-way from four (4) lanes to two (2) lanes and reversion of the ownership of the vacated right-of-way property to the owner of the abutting property to the south of the vacated right-of-way in order to accommodate the Eden West Apartments development; (Case No. 2-P-19); providing for conflicts; providing for severability; and providing for an effective date. g, TR13305 - CDBG Annual Action Plan FY 2019/2020 A resolution of the City Commission of the City of Tamarac, Florida, approving the projects recommended for inclusion in the Fiscal Year 2019 Annual Action Plan attached hereto as Exhibit "1", for expenditure of the United States Housing and Urban Development Comity Development Block Grant Funds estimated to be $399,552 for the twentieth program year; authorizing the Mayor or appropriate City Officials to execute Fiscal Year 2019-2020 Annual Action Plan federal application for funding; providing for conflicts; providing for severability; and providing for an effective date h, TR13308 - RFP #19-02R - Design_Build of Swim Central Annex A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to award RFP #19-02R and execute an Agreement with West Construction, Inc., for the design/Build of Swim Central Annex for an amount not to exceed $1,235,435; a contingency amount of $90,880 will be added to the project account for a total project budget of $1,326,315; providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): District 2 j, TR13309 - Local Housing Assistance Plan (LHAP) FY 2019/20 - FY 2021/22 A resolution of the City Commission of the City of Tamarac, Florida approving the Local Housing Assistance Plan (LHAP) as required by the State Housing Initiatives Partnership Program Act, Subsections 420.907-420.9079, Florida Statutes; and rule Chapter 67-37, Florida Administrative Code; authorizing and directing the Mayor to execute any necessary documents and certifications needed by the State; authorizing the submission of the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation; authorizing the appropriate City Officials to accept the State of Florida's State Housing Initiatives Partnership (SHIP) program budget by accepting the Fiscal Year 2019, 2020, and 2021 allocations of the program funds to be utilized according to the City's Local Housing Assistance Plan and Housing delivery goals chart; that the appropriate City Officials are hereby authorized to appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards; providing for conflict; providing for severability; and providing an effective date. j, TR13279 - FY 2020 Preliminary Millage Rate Resolution A Resolution of the City Commission of the City of Tamarac, Florida, approving the Proposed Millage Rate of 7.2899 mills for general operating purposes, approving September 13, 2019, AT 5:05 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88TH Avenue, Tamarac, Florida, as the date, time and place for the first public hearing to set the Tentative Millage Rate and Budget for Fiscal Year 2020; approving September 25, 2019 AT 5:05 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88TH Avenue, Tamarac, Florida as the date, time, and place for the second public hearing to adopt the Millage Rate and Budget for Fiscal Year 2020; authorizing the City Manager to send the Proposed Millage Rate of 7.2899 and the date, time and place for both the first and second public hearings to the Broward County Property Appraiser for Fiscal Year 2020; providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): Citywide k, TR13300 - School Crossing Guard Agreement A resolution of the City Commission of the City of Tamarac authorizing the award of Request for Proposal No. 19-23R entitled "School Crossing Guard Services" to Waterfield Staffing Florida, LLC, D/B/A Action Labor, and authorizing the appropriate City Officials to execute an agreement with Waterfield Staffing Florida, LLC, D/B/A Action Labor for a period commencing September 1, 2019 through August 31, 2021 with the option to renew for two (2) additional two (2) year periods, on behalf of the City of Tamarac and members of the Southeast Florida Governmental Purchasing Cooperative, including the City of Coral Springs, the City of North Lauderdale and the City of Sunrise; authorizing the City Manager to approve price adjustments in accordance with the provisions of the agreement and to approve and accept renewal options; providing for conflicts; providing for severability; and providing for an effective date. TR13280 - FY 2020 Preliminary Fire Rescue Special Assessment A Resolution Of The City Commission Of The City Of Tamarac, Florida, Relating To The Provision Of Fire Rescue Services, Facilities And Programs In The City Of Tamarac, Florida; Establishing The Estimated Assessment Rate For Fire Rescue Assessments For The Fiscal Year Beginning October 1, 2019; Directing The Preparation Of An Assessment Roll; Authorizing A Public Hearing And Directing The Provision Of Notice Thereof; Providing For Conflicts; Providing For Severability; And Providing An Effective Date. Commission District(s): Citywide m, TR13310 - MPO MTP Cost Feasible Projects Resolution A resolution of the City Commission of the City of Tamarac, Florida, supporting the Metropolitan Planning Organization's Commitment 2045 "Cost Feasible" Metropolitan Transportation Plan (MTP) projects located in the City of Tamarac and identified in the Cost Feasible Plan — Tamarac attached hereto as Exhibit W; providing for conflicts; providing for severability; and providing for an effective date. TR13272 - Lenovo Computer Lease (Phase 3) A Resolution of the City Commission of the City of Tamarac, Florida approving a new schedule to the Master Lease Agreement with Lenovo Financial Services to lease ninety-three (93) Lenovo computers and sixteen (16) docking stations for three (3) years at an annual cost of $29,706.25 for a total cost of $89,118.75 at the end of three (3) years; authorizing the appropriate City Officials to execute all necessary documents to effectuate the intent of this Resolution; providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): Citywide 0, TR13306 - Amending the Broward Redevelopment Program Grant for Tamarac Village A Resolution of the City Commission of the City of Tamarac, Florida providing for a second amendment to the Broward Redevelopment Grant Program Interlocal Agreement between Broward County and the City of Tamarac through the Broward County Environmental Protection and Growth Management Department for the Tamarac Village Development Project; authorizing and providing for the appropriate City Officials to execute the necessary documents required to amend this agreement; providing for conflicts; providing for severability; and providing for an effective date Commission District(s): District 2 P. TR13281 - FY 2020 Preliminary Stormwater Special Assessment A Resolution Of The City Commission Of The City Of Tamarac, Florida, Relating To The Provision Of Stormwater Management Provided By The City's Storrrwater Utility; Determining That Certain Real Property Will Be Specially Benefited Thereby; Establishing And Confirming The Method Of Calculating The Cost Of Stornwater Management Service Against The Real Property That Will Be Specially Benefited Thereby; Directing The City Manager To Prepare Or Direct The Preparation Of A Prelirinary Stormwater Utility Management Fee Roll Based Upon The Methodology Set Forth Herein; Establishing A Public Hearing For The Proposed Stormomter Utility Management Fees And Directing The Provision Of Notice In Connection Therewith; Providing For Conflict; Providing For Severability; And Providing For An Effective Date. Commission District(s): Citywide q, TR13282 - FY 2020 Solid Waste Collection Assessment A Resolution Of The City Commission Of The City Of Tamarac, Florida, Relating To The Provision Of Residential Solid Waste Collection Services And Facilities And Programs In The City Of Tamarac, Florida; Providing For Purpose And Definitions; Providing For Legislative Determinations; Establishing The Estimated Rate For The Residential Solid Waste Collection Services Assessment For The Fiscal Year Beginning October 1, 2019; Directing The Preparation Of A Residential Solid Waste Collection Services Special Assessment Roll; Authorizing A Public Hearing And Directing The Provision Of Notice Thereof; And Providing An Effective Date. Commission District(s): Citywide TR13283 - FY 2020 Preliminary Nuisance Abatement Assessment A Resolution Of The City Commission Of The City Of Tamarac, Florida, Relating To The Provision Of Nuisance Abatement On Certain Real Properties By The City In Accordance With Chapter 9, Article II, Division V Of The City's Code Of Ordinances; Determining That Certain Real Property Has Been Specially Benefited By The City's Abatement Of Nuisances Thereon; Directing The City Manager To Prepare Or Direct The Preparation Of A Preliminary Nuisance Abatement Assessment Roll; Establishing A Public Hearing For The Proposed Levy Of Unpaid Nuisance Abatement Assessments On The Annual Tax Bill And Directing The Provision Of Notice In Connection Therewith; Providing For Conflict; Providing For Severability; And Providing For An Effective Date. Commission District(s): Citywide S. TR13307 - Office Supplies A Resolution Of The City Commission Of The City Of Tamarac, Florida, Authorizing The Appropriate Officials To Award And Execute An Agreement For Office Supply Needs With Office Depot, Inc. On Behalf Of The Southeast Florida Governmental Purchasing Cooperative And The Orrmia Partners, LLC, Consortium Utilizing Pricing Provided Through Request For Proposal #19-12R For The Period Of October 14, 2019 Through October 13, 2023, With One (1) Four (4) Year Renewal Option; Approving The Early Termination For Convenience Of The Agreement With Office Depot Dated October 18, 2016 For The Period From October 14, 2019 Through October 17, 2019; Authorizing The City Manager To Approve And Accept Renewal Options; Providing For Conflicts; Providing For Severability; And Providing For An Effective Date. Commission District(s): Citywide t, TR13301 - Approve First Amendment to Transportation Surtax ILA A Resolution of the City Commission of the City of Tamarac, Florida, Approving the First Amendment to the Transportation Surtax Interlocal Agreement (ILA) and Authorizing the Appropriate City Officials of the City Of Tamarac, Florida to Execute the ILA; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. Commission District(s): Citywide CIWJ A1.LTIC 3 =W1 a 10. ORDINANCE($) - SECOND READING a. T02405 - Human Trafficking Public Awareness Signs Ordinance An ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 10, Article 4 of the City of Tamarac Code of Ordinances Land Development Code, entitled "Development and Design Standards"; specifically, amending Section 10-4.10 entitled "Signs" by creating a new section 10-4.10(D)(3)(m) to be entitled "Human Trafficking Public Awareness Signs'; providing for codification; providing for conflicts; providing for severabiliity; providing for an effective date. TABLED FROM THE JUNE 26, 2019 COMMISSION MEETING a. T02402 - Woodlands Country Club Large Scale Land Use Plan Amendment An ordinance of the City Commission of the City of Tamarac, Florida, adopting a Large Scale Land Use Plan Amendment to the City of Tamarac's Comprehensive Plan Future Land Use Map in accordance with Chapter 163, specifically Section 163.3184 of the Florida State Statutes, for said lands situated, lying, and being in Broward County, Florida, and known as "The Woodlands" and located at or bounded by west Commercial Boulevard to the North, Rock Island Road to the East, NW 64 Avenue to the West and NW 44 Street to the South, and more particularly described in the legal description shown in Exhibit "A" attached hereto, to change the future land use designation of approximately 165.53 gross acres of land from "Commercial Recreation" to "Low (5) Residential" to facilitate and allow for the development of a residential use by Mchael Nunziata of 13th Floor Woodlands HB GP, designated agent for the property owner, Clublink US Corporation and provide consistency with the Land Development Code in accordance with the intent of the Comprehensive Plan of the City of Tamarac; (Case No. 1-LUA-19) authorizing transmittal of the Large Scale Land Use Map Amendment to the Department Of Economic Opportunity and appropriate reviewing agencies and the Broward County Planning Council for review, approval and recertification of the City of Tamarac Future Land Use Map; providing for amendment to the land use plan to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): District 2 b. T02403 - Woodlands Country Club Rezoning An ordinance of the City Commission of the City of Tamarac, Florida, amending the official Zoning Map of the City of Tamarac referenced in Section 10-2.1(B) of Chapter 10 of the City of Tamarac Code of Ordinances for said lands situated, lying, and being in Broward County, Florida, and known as "The Woodlands" and located at or bounded by West Commercial Boulevard to the North, Rock Island Road to the east, NW 64 Avenue to the West and NW 44 Street to the South, and more particularly described in the legal description shown in Exhibit "A" attached hereto, to rezone approximately 115.86 acres from RC (Recreation) zoning classification to RE (Residential Estate) zoning classification and approximately 49.67 acres from RC (Recreation) to R 2 (Two Family Residential) zoning classification, to facilitate the development of a residential use by Mchael Nunziata of 13th Floor Woodlands HB GP, designated agent for the property owner, Clublink US Corporation and provide consistency with the Land Development Code in accordance with the intent of the comprehensive plan of the City of Tamarac; (Case No. 3-Z 19); providing for amendment to the official Zoning Map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): District 2 12. QTHER The City Commission may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Commission meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans with Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City Clerk's Office at (954) 597-3505 of such need at least 48 hours (2 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service at either of the following numbers: 1-800-955-8770 or 1- 800-955-8771. Patricia Teufel, CIVIC City Clerk 1 1 1 Temp Reso # 13307 Page 1 CITY OF TAMARAC, FLORIDA % RESOLUTION NO. R-2019- l 6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING REQUEST FOR PROPOSAL #19-12R TO OFFICE DEPOT, INC.; AND AUTHORIZING THE APPROPRIATE OFFICIALS TO APPROVE AND EXECUTE AN AGREEMENT FOR OFFICE SUPPLY NEEDS WITH OFFICE DEPOT, INC. ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE AND THE OMNIA PARTNERS, LLC, CONSORTIUM UTILIZING PRICING PROVIDED THROUGH REQUEST FOR PROPOSAL #19-12R FOR THE PERIOD OF OCTOBER 14, 2019 THROUGH OCTOBER 13, 2023, WITH ONE (1) FOUR (4) YEAR RENEWAL OPTION; APPROVING THE EARLY TERMINATION FOR CONVENIENCE OF THE AGREEMENT WITH OFFICE DEPOT DATED OCTOBER 18, 2016 FOR THE PERIOD FROM OCTOBER 14, 2019 THROUGH OCTOBER 17, 2019; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROVE AND ACCEPT RENEWAL. OPTIONS AND ANY REQUIRED AGREEMENTS WITH OMNIA PARTNERS, LLC RELATING TO ADMINISTRATION OF THE OFFICE SUPPLY AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has need to purchase office supplies to support all City operations; and WHEREAS, the utilization of a term contract agreement provides for volume savings through quantity discounts; and Temp Reso #13307 Page 2 WHEREAS, the City of Tamarac served as the "lead agency" for the Southeast Florida Govemmental Purchasing Cooperative and for the Ornania Partners, LLC, consortium for the purchase of office supply needs; and WHEREAS, thirty-one (31) governmental agencies within the Southeast Florida Governmental Purchasing Cooperative and all members of the Omnia Partrrh, hLC Consortium across the United States are eligible to utilize this F agteeirm nt#or the purchase of approximately $49 million in annual office supplies P � ' estimpteid to, be purchased on a national basis; and HEREAS, the City of Tamarac formally advertised and issued Request @ s for Propo4al # 19-12R in order to obtain pricing and service capability information f&r v dors In the office supply marketplace, a copy of which is on file with the City G,lari ; alid W EAEAS two (2) firms responded to the RFP as follows, Office Depot, Inc., Boca Raton, Florida The Office Cart, LLC, Fort Lauderdale, Florida; and WHEREAS, an evaluation team facilitated and chained by the City of Tamarac Purchasing and Contracts Manager, and including procurement professionals from the City of Coral Springs, Florida, the City of Margate, Florida, the City of Sunrise, Florida, and the Financial Services Purchasing and Contracts Division Procurement Coordinator, as well as a non -voting member from Omnia Partners, LLC who solely served in an advisory role, evaluated and ranked all responses to the proposal; and Temp Reso #13307 Page 3 WHEREAS, the proposal offering submitted by Office Depot, Inc. was ranked by the Evaluation Committee as the most advantageous, best value overall response to the solicitation in terms of service capabilities and pricing, a copy of the proposal evaluation scores are included herein as Exhibit u1"; and Temp Reso #13307 Page 4 1 1 1 Temp Reso #13307 Page 5 TR 13307 - Exhibit 1 May 30, 2019 OFFICE SUPPLIES RFP 19.UR Committee Evaluation Totals No Conflictinterest i'. xly .RN _ter` o a EXHIBIT B ATTACHMENT A - PRICE MATRIX RFP 19-12R for Office Supplies, Products and Related Services Offeror Company Name: OFFICE DEPOT 1 Offeror must respond to all items listed. 2 Offeror must respond with an OEM item where an OEM item is specified. 3 Equalivents and/or Private Brand items shall include manufacturer and model number 4 Requested products may not be altered in any way. If your company is not offering a requested or equivalent, leave product line blank 5 Offeror should adjust response price to match the Unit of Measure and package (PK) quantity specified 6 Offeror must specify their net sell price for Core List items. 7 The Market Basket will be used to evaluate pricing. Offeror must specify the product category, reference price and discount In the event of a conflict between these instructions, and instructions contained in Scope of Work Section 2 of the proposal document issued by the City titled "DISCOUNTED PRICING REQUIREMENTS -- PRICING MATRIX", the instructions enumerated in the proposal document shall govern. vi of Tamarac RFP o.19-12R for Office S p ies, Products & Related Services A chment A - Price Matrix Workbook To view the RFP No. 19-12R Price Matrix, use the following link: https:llwww.omniapartners.comlhubfslPUBLIC%20SECTORISupplier%201nformationlOffice%20 Depot/City%20of•O20Tamarac119-12R Office%20Depot PRC.pdf