HomeMy WebLinkAbout2013/05/28 Item 04CITY COUNCIL
AGENDA STATEMENT
~1 ~ \~~/j CITY OF
'~" CHULA VISTA
MAY 28, 2013 Item'
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PURCHASE OF
OFFICE SUPPLIES FROM OFFICE DEPOT IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF
THE NATIONAL INTERGOVERNMENTAL PURCHASING
ALLIANCE (NIPA) CONTRACT #618-000-11-1 FOR THE
INITIAL PERIOD OF JUNE 1, 2013 THROUGH OCTOBER
17, 2014 WITH TWO ONE-YEAR OPTIONS TO RENEW
THROUGH OCTOBER 17, 2016.
SUBMITTED BY: DIRECTOR OF FINANCE/TREASURE
REVIEWED BY: CITY MANAGER - /
ASSISTANT/DEPUTY CITY MANAGER ~i(
4/STHS VOTE: YES ~ NO ~X
SUMMARY:
City of Chula Vista Muni Code 2.56.]40 authorizes using cooperative agreements that are
competitively solicited and awarded. The proposed action is the adoption of the Resolution
authorizing the City to purchase office supplies from Office Depot through the use of the Co-
operative national contract offered through National IPA, Contract #6 1 8-00 1 1 0-1. The State of
Florida is the lead agency. The new contract is estimated to generate an annual saving of 23% over
our current provider, hi the amount of $34,500.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines
because it involves only the approval of a contract to purchase office supplies: therefore,
pursuant to Section 15060 (C) (3) of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
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MAY 28, 2013 Item
Page 2 of 3
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Due to potential savings generated by volume discount pricing and terms associated with
national contracts, Purchasing staff conducted a Contract Comparison Review of four
firms through their respective contracts with various cooperative agencies for the purpose
of executing a new contract for office supplies. These contracts meet The City's
purchasing guidelines for competitive advertised bids. Lower pricing was the primary
goal but in addition to pricing, written responses to fifteen questions were required
explaining how each vendor would meet the City's requirements. A list of over 1800 line
items purchased by the City July 1, 2011 through June 30, 2012 was provided in order to
obtain contract pricing relevant to the City. The following summary is the result of the
contract pricing based on the City's list.
Total Cost
based on
Company Name Contract prices Co-operative Agreement Lead Agency
National IPA Contract # 618-
Office Depot $116,292.99 00110-1 State of Florida
America Save Contract
Office Max $131,464.68 #003557 County of San Diego
National Joint Powers Alliance
Staples $142,383.31 Contract #031210 State of Minnesota
Independent US Communities Master
Stationers $177,873.75 Contract MA-IS 11450050 Los Angeles County
After Office Depot was tentatively selected as providing the best value to the City based on
pricing, an evaluation committee was formed to determine if they could respond to the other
requirements. The committee consisted of a liaison super user from the Recreation
Department, a representative from the Environmental Department and Purchasing staff:
Representatives from Office Depot were asked extensive and detailed questions about
product, deliveries, customer service, available reports, training, "green" programs and
contract compliance. Office Depot representatives responded favorably to each of the City's
requirements and to requests for additional information. They have an award winning
"Green" program and will be helping the City to review products to continue to move in a
"green" direction. Their on-line ordering system is comparable to the system being used by
our current supplier. Office Depot will provide training to City staff and they have an outside
auditor who will insure contract compliance.
The committee recommends awarding the contract to Office Depot.
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MAY 28, 2013 Item
Page 3 of 3
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not
site specific and consequently the 500 foot rule found in California Code of Regulations
section 18704.2(a)(1) is not. applicable to this decision.
CURRENT YEAR FISCAL IMPACT
Approval of this resolution will result in more competitive pricing on the purchase of office
supplies, which should result in overall savings to the City's various funds.
ONGOING FISCAL IMPACT
Approval of this resolution will result in more competitive pricing on the purchase of office
supplies, which should result in overall savings to the City's various funds. Appropriations for
office supplies will be considered as part of the normal budget process.
ATTACHMENTS
Chula Vista Municipal Code 2.56.140
NIPA Contract 618-001-10-1
Prepared by: Suzi Braokr, Sr. Procurement Specialist, Finance Department/Purchasing Division
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"ATTACHMEATT A"
Chula Vista Municipal Code 2.56.150
or trade-in shall be made to the highest responsive
and responsible bidder, in accordance with the
competitive bid procedures established by the pur-
chasing agent.
C. Donations. Supplies, materials, and equip-
ment, when the estimated value involved is
$10,000 or less, may be donated, or sold for less
than fair mazket value, to local civic or social orga-
nizations, where it is deemed by the city manager
that such a disposition ofproperty would best serve
the city's public interests. Such donations or dis-
counted sale of items valued in excess of $10,000
must be approved by resolution of the city council.
D. Worthless Property. In the case of scrap or
survey items having no estimated or appraised
value and which have not ban desired by any civic
or social organization, the purchasing agent may
dispose of such items in any manner he or she
deems appropriate, keeping full records of such dis-
position.
E. Special Procedures for Disposition of Li-
brary Materials. The city librarian shall submit to
the purchasing agent reports showing used, dam-
aged, or unneeded library materials and indicating
disposition thereof. The librarian may, at his or her
discretion, donate such materials to the Friends of
the Chula Vista Public Library for such book sales
as they may desire, or he or she may offer such ma-
terials to any bona fide chazitable or nonprofit in-
stitutional organizations serving primarily the
interests of the city. If at any time the librarian
chooses to dispose of such materials other than as
provided herein, he or she shall follow the general
procedures set forth hereinabove. (Ord. 2899 § 1,
2003; Ord. 2766 § 1, 1998).
2.56.140 Cooperative pnrchasing
agreements.
No provision of this chapter shall be interpreted
or construed to prohibit or prevent the city from
purchasing supplies, equipment, and services by
contracts, arrangements, and agreements for coop-
erntive purchasing programs with the state of Cali-
fornia, the county of San Diego, the city of San
Diego, or any other public agency, school district,
or water authority within the United States; pro-
vided, that such items aze purchased through a
competitive process that the purchasing agent
detemtines to be consistent with good purchasing
practices. If the contract, agreement, or arrange-
ment exceeds $100,000, then city council approval
is required. (Ord. 2899 § 1, 2003; Ord. 2766 § 1,
1998).
2.56.150 Reports to city council
The director of finance shall provide the city
council with reports rcgazding city purchasing
practices in such form and at such intervals as the
city council may direct. (Ord. 2899 § 1, 2003; Ord.
2766 § 1, 1998).
256.130 Sale of real property -Procedure.
The purchasing agent, with the recommendation
of the city manager and approval of the city coun-
cil, shall have the power to sell for fair value any
real property owned by the city which has been
declared by the city council [o have no present or
future use for public purposes. Notice of such sale
shall be published at least once on the city's Inter-
net web site, or in a newspaper of general circula-
tion in the city, and any ocher method of
advtrtising that is determined by the purchasing
agent to be in the city's best interest. Real property
may be sold for less than fair market value upon a
determination by the city counci I that such sale will
be in the public interest. (Ord. 2899 § 1, 2003; Ord.
2766 § 1, 1998).
2-89
(Revised 8f04)
4-4
-
Office & Educational Consumables
Executive Summary
Lead Agency: State of Florida Solicitation: 618-001-10-1
RFP Issued; March 31, 2010 Pre-Proposal Date: April 26, 2010
Date Open: May 28, 2010 Proposals Received: 9
Awarded to:
The State of Florida Division of State Purchasing, Department of Management Services partnered with
Accenture LLP and began the solicitation process in January 2010. The solicitation was issued March 31,
2010 for Office & Educational Consumables, which includes office supplies and equipment, paper, and
toner.
The solicitation included cooperative purchasing language in Sections 1.4 and 4.43:
L4 Eligible Users
All Florida government and educational entities are considered Eligible Users of the Office and
Educational Consumables State Term Contract. This includes all State agencies, school districts,
universities, conununity colleges, counties, cities, iowns, villages, special districts, and other entities
approved by the Department. With the consent of the successful Respondent(s), purchases may also be
made under the terms and conditions of this solicitation by governmental and educational entities located
outside the State of Florida. Appropriate governmental and educational entities purchasing laws, rules, and
regulations shall apply to purchases made under this contract...
4.43 Cooperative Purchasing
Pursuant to their own governing laws, and subject to the agreement of the Conn-ac[or, other entities
maybe permitted to make purchases at the terms and conditions contained herein. Non-Customer
purchases are independent of the agreement between Customer and Contractor, and Customer shall
not be a party to anytransacdon between the Contractor and any other purchaser...
Notice of the solicitation was sent to potential offerors, and advertised on the MyFlorida.com website.
On May 28, 2010, proposals tivere received from the following offerors:
Apex Office Products
Capital Office Products
Deanne's Office & Computer Supply
Gulf Coast Office Products
Leitz & Reed Office Products
Page 1 of 3
4-5
Office Depot BSD
Office Max
Staples Advantage
Tota1Office Products
The proposals were evaluated by an evaluation committee via public meeting on June 18, 2010. Using the
evaluation criteria stated in the solicitation, the committee developed a list of the top ranked proposals and
invited the firms to participate in negotiation. Following four rounds of negotiation sessions via public
meeting, a requestfor best and final offers was due Augus[ 10, 2010. Apublic meeting to recommend
award was held August 12, 2010 and an Intent to Award was posted August 23, 2010.
The State of Florida executed State Term Contract No.618-000-i1-1 with Office Depot on August 27, 2010
to be implemented October 16, 2010.
National [PA partnered with the State of Florida to offer the program nationally pursuant to Section 4.43
Cooperative Purchasing (cited above) effective December 10, 2010.
Contract includes: Office supplies and equipment, educational supplies, paper and toner. - -
Term:
.. Initial three year agreement effective October 18, 2010, with option to renew for three (3)
.additional one-year periods, through October 17, 2016.
Consumables_ _
Folders, Binders &
Accessorie_s___
T_onerH_P__ ____
Toner- Non HP
TonerReman _
IT Peri-pherals _~
Breakroom &
Cleaning Sup lp ies
Equipment __
Paper - 20# White
National i National Brand Generlc/Private ; Generic/Private
rand Core ~ Non-Core Brand Core Brand Non-Core
35% i 35% - I -
71
Page 2 of 3
4-6
Delivery:
Desktop delivery, as well as contract pricing at Office Depot retail stores.
Specific Service Level Agreements (SLA):
• Delivery Timing
o 95%orgreater, 2 business day delivery
• Order Accuracy
0 98%orgreater
• Order Completeness /Fill Rate
0 95% or greater
• Backorder Fill
o Ship backorders within five (S) calendar days, unless special circumstances apply
• Price Accuracy
0 99.5%orgreater
• Contract Compliance Commitments
o Monthly and annual third-party pricing audits required.
• Pricing Consistency
o Pricing consistency across all participating agencies.
o Core and non-core pricing based on discount from list price.
o SP Richards List price must be used for all items where the vendor carries an exact product
match.
o Manufacturer or Vendor list price is used. foritems not in the.SP Richazds catalog and
private brand products
Quarterly Pricing Updates
o .Office Depot shall submit quarterly to-the State of Florida for approval an updated product
list with list prices that reflect any updates to S.P. Richards' list prices, or product
manufacturers' list prices if S. P. Richards is not available, or the Contractor's list price for
generic items.
• Contract Transparency
o All contract documentation is available on the State of Florida website at
http:!/`nnvw dms.myflorida.com and at httu~/lwww.natianalipa org.
Sales Reporting & Business Reviews
o Quarterly vendor sales reporting and business reviews, along vaith monthly service level
agreements reporting:
Office Depot Contract Web Landing Pages:
httn~//wwwnationllia° of6cede~otcom
Page 3 of 3
4-7
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PURCHASE OF OFFICE
SUPPLIES FROM OFFICE DEPOT IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THE NATIONAL
INTERGOVERNMENTAL PURCHASING ALLIANCE (NIPA)
CONTRACT NO. 618-000-11-1 FOR THE INITIAL PERIOD OF
JUNE 1, 2013 THROUGH OCTOBER 17, 2014, WITH TWO
ONE-YEAR OPTIONS TO RENEW THROUGH OCTOBER 17,
2016; AND APPROVING THE NIPA COOPERATIVE
CONTRACT NO. 618-000-I1-I BETWEEN THE CITY OF
CHULA VISTA AND OFFICE DEPOT
WHEREAS, CHULA Vista Muni Code section 2.56.140 authorizes the City to purchase
supplies, equipment and service through cooperative purchasing programs with other public
agencies, provided that the items are purchased through a competitive process that the City's
Purchasing Agent determines to be consistent with good purchasing practices; and
WHEREAS, the City's Purchasing Staff evaluated cooperative contracts from four
purchasing programs: National IPA; America Saves; National Joint Powers Alliance; and US
Communities for the purchase of office supplies; and
WHEREAS, Purchasing Staff determined the NIPA contract through Office Depot will
generate the greatest potential savings to the City, an estimated annual savings of 23% over the
current provider, in the amount of $34,500; and
WHEREAS, the City's Purchasing Agent has determined that the competitive process
used to purchase the items through .the NIPA contract are consistent with good purchasing
practices; and
WHEREAS, the initial term of the contract is for the period June 1, 2013 through Oct 17,
2014, with two one-year options to renew through Oct 17, 2016, at the discretion of the
Purchasing Agent.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the purchase of office supplies through the National Intergovernmental
Purchasing Alliance (NIPA) Contract No. 618-000-11-0, in the form presented, as may have
been modified by the Council prior to its approval and with such minor modifications as may be
required or approved by the City Attorney, a copy of which shall be kept on file in the Office of
the City Clerk.
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Resolution No.
Page 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
Purchasing Agent or Designee is authorized to approve all options to renew through October ] 7,
2016 in accordance with the terms and conditions of the NIPA contract No. 618-000-11-1.
Presented By
as tP form by
Maria Kachadoorian
Director of Finance
~ G n R. o
-~ ity Attorney
J:\Attorney\FINAL RESOS\2013\OS 28 13\Resolution-Approving office supply contract (2).doc
5/17/2013 2:13 PM
4-9
CONTRACT BETWEEN
FLORIIDA DEPARTMENT OF AZANAGEMENT SERVICES
AND
OFFICE DEPOT
COI~'rRACT 618-000-2b1
This Contract isby and between the Siate of Florida, Department of Management Services (Department),
Division of State Purchasing (Division), an agency of the Staff of Fiotida with offices at 4050 Esplanade
Way, Tallahassee, Florida 32399-6950, and Office Depot (Contractor}.
Whereas, the Contractor replied to the Division's Invitation tb Negotiate (1TN), No.: GI'8-001-10-1 -
Office and Educational Consumables and-
Whereas, the Division negotiated and accepted the best terms and conditions for Office and Educational
Cotisumables pursuant to Section 287.057(1) (c).
Accordingly, and in consideration of the mutual promises contained in the Contract documents, the
Department and the Contractor do lierehY enter into this Corifraet.
I.0 NAME OF PR03ECT
Office and Educational Consumables,
2.0 SUMMARI' OF THE CONTRACTUAL SERVICES (SCOPE OF Z't'ORI~
The scope of products for dais Of#ice and Educational Consumables contract are described in
section T.2 of the ITN document and are summarized in die table below. The ProduetCategories
listed below refers to categories covered underthis agreement.
Product Categories in Scope
a Consumables
• Breakroom & Cleaning Supplies
• Folders, Binders ~ Accessories
• Paper-Other
^ Paper- 20t! White (Recycled and Virgin)
• Toner HP
• Toner Non I3P
• Toner Remanufactured
• IT Peripherals
• Equipment
3.0 DELIVERABLES
The. TI'Id identifies ati the performance requirements. and expectations to be satisfied by the
contractor throughout the term of the contract. However, included below are the primary
deliverables related to the scope of work above. Also included belovr are the required minimum
level of service and oriteria for evaluating successful completion of each- deliverable. The
Contractor vrill provide the followingDeliverables:
3.1 Monthly Service Level Agreement Metrics and Reports:
Con7actNo.: 618-000-1i-7 Page t ofG
4-10
A. Delivery Tl'ariag.. -The Contractor shall maintain an on-time delivery rate of 95% or
greater. On-time delivery will be defined as delivery. of order within. two (2) business __
days of placement of order. This. SLA supersedes Section 4.11 Transpoitatiod and
Delivery of the General Conditions. The contractor shall submit to the Departmeaatthis
montlily service level agreement .report in Microsoft. Excel that details the on-time
delivery rate. Specifically, the report shall incldde the number of orders delivered --
complete within the 2 business day requirement divided b}! total numtiet of orders
delivered.
B. Order Accuracy -The Cankactor shall maintain an order accuracy mte of 98% or
greater. Order accuracy rate is defined as the number of items- delivered as ordered
divided by the total number of items ordered. The contractor shall submit to-the
Departrnent this monthly service levelagreement report in Microsoft Excet that details
the order accuracy rate. Specifically, the report shall include the number of orders with
order accuracy rate of more than 98% divided @y total number of orders.
G. Order Completeness !Fill -The Contractor siisll maintain an order fill rate of 95% or
greater. Order fill rate is defined as a number of items on an order filled completely as
ordered divided by to the.total number of lines on an order, The contractor-shall submit to
the Department this monthly service level agreement report m Microsoft Excel' that
details the order fl] rate. Specifically, the report sHal] include Ntitnber of orders with
order fill rate of more than 93% divided by total number of orders.
ll. Price Accuracy -The Contractor shall maintatn a price accuracy rate of 99.5%° or
greater. Price accuracy is defined as the number of auditeditems each month where the
net price (calculated by multiplying the list price by 1 minus the discount % for that
product category) is equal to or less than the contract price (calculated by multillying the
list price, outlined in Section 3 ~, by Y minus the discount % for that product Category).
The Contractor shall obtaina third party firm at no additional-cost to [he Stateto conduct
extemai price audits on this contract. The Contractor slfall conkactwith a third party fain.
(to be approved by the Deparnnent) ttr conducta monthly random sampling {a minimum
of 570 items per month) of contract items to confirm the accuracy of iisF price, discount
and net price. Specifically, the thud party firm will confu'mthe prices displayed on the
Contractor's website arz equal to or less than rile contract terms. The third pazty firm
shall provide a monthly report to the Department indioafiiig the Price Accuracy Rate
.(Price Accuracy Rate =the number of audited rtetris each;month where ffie net price
.(calculated 'by multiplying the list price by 1 minus the discount %• for that product
category) is equal to or less than the contract price (calculated' by muhiplying ffie list
price, outlined in Section 3.2, by 1 minus the disrount % for that product category)
divided by the number of audited items). Also,. at a minimum,: the. monthly report shale
identify items not in compliance with the contract terms, provide the date of the audit,
and screenshots of the Contractor's on-line catalog of all items in ahe random sampiethat
were not in compliance with the contract teams.
E. Backorder Eilt -The contractor will ship backorders within five (5) Calendar days of
original order, unless special circumstances apply. The contractor will submit to the
Department at the customer or the. Departments request a report is Microsoft Excel that
details the item name and product ID, reason for shortage, and plan of action when
delivery maybe expected or suggested replacement}.
3 ~ Quarterly Sales Report Data:
The' Contractor shall report sales data to the Contract Manager on a quarterly basis using
the Contract Quarterly Reporting Form in Attachment G -Quarterly Reporting Foam.
No.: 615-000.11-7
Page 2 of 6
4-11
The following summary data must be reported. to the Contract Manager on a quarterly
basis: -
Total purchases on the contract for the quatter
r Total purchases on the contractfor the quarter by Eligible User
Total purchases forthe quarter made using theState's Purchasing Card:
Total Certified Vendor (including Minority, Women, and Service-Disabled.
Veteran)..purchasesforlfie quarter by Eligibl@USer.
Tho following detailed data must be reported to the. Contract Manager on a quarterly
basis in Excel spreadsheet format
Eligible User{Customer) EntityName
• Product Category
• Item Description
Manufacturer Name
s Manufacturer Part Number
UPC
• Unit of Measure
Quantity Shipped
o Date Shipped
o List Price
. .Invoice Price
Core Item Flag (indicates if item is on Core Items list)
P-Card Flag{indicates if transaction was paid for using a P-Gard)..
• Flag Purchases made within the stores (if applicable)
3.3 Anneal Servrce Level Agreement Metrics and Regotds:
A. Price Accuracy -The Contractor shale maintain a price accuracy rate of 99.5% or
greater. Price accuracy is defined as the number of audited items each month where
the net price (calculated by multiplying the list-price by l minus the discount%for
that product category) is equal to or less than the contract price (calculated!by
multiplying the list price, outlined in Section 3,2, by 1 minus the discotnt %for that
product category). The Contractor shall Contract with: a third; party firm (to be
approved by the Department) to conduct as annual (on eac1S anniv8rsary of the
contract effective date) sampling of Customer invoices (a minimum of 500 customer
invoices for the k2 month period) to confirm accuracy of list prices and discount "h;
and that net prices of invoiced items are aqual to or less than. the contracttetms:
Specifically, the thvi] party firm will confum the .price charged to the Customer is
equal to or less than the contract terms during that time period. Tha third parry film
shall provide an annual report to the Department indicating the. Price Accuracy Rate
(Price Accuracy Rate =the number of audited' items each yeaz where the net price
(calculated by multiplying the list price t5y 1 minus the discount% Eor tliatproduct
category) is equal to or less than the contract price (calculated by multiplying the [ist
price, outlined in Section 3.2, by 1 minus the discount % tDr that productcategory)
divided by the number of audited items). Also, at a minimum, the annual report will
incluAe copies of file invoices in the random sample.thatwere ao£in compliance with
the contract terms.
Cba6aCt No.: 618-000-t I-I
Page 3
4-12
4.0 SUIog17ARY OF PEANALTY FOR FAII.LIRE 6)? CONTRACTOR TO 11'IEEd'
DELIVERALBES
The Contractor'is required to meet the performance standards as described in Section 3.0>above.
Contractor is required. to meet performance standards for Delivery Timing, Order Accumcy;
Order Completeness/Fill and Price Accuracy on standard contract- orders only, speciallcustom
.orders can be excluded from the calculations of these performance standards. .Failure to meet the -
performance standards specified will result in fire .specified damages to tfie State as shown in; the
chart below. On the IS`s of the month following the month being reported, the Contraetarshall
submit. a report to the Contract Administrator containing the information required: in Section 3:0
aboue. Performance Assurances, if applicable, will be paid via cheek oi:money order made out to
the Department o€ Management Seruiees in US Dollats within 36 tlays after report submission.
Ttese damages are assessed for failures over each 12 month period beginning with the first ful}
month of contract performance end every 12 mohtfis thereafter;
item First Second Third Fourth Fifth_ Each
Failure Failure Failure Failure Eailure* Additional
Failure
-
Submit Re ort $0 $500 $500 $1 000 $2,000 ' :$3 000
Delivery $0 $0 $1,000 $1,000 :'$2;000 $3;000
Timing -less
than 95% on
.time
Order $0 $0 $1,000 $].,000 $2000 $3,000
Accuracy -
less than 98%
of items
delivered are
accurate
Order $0 $D $1,000 $1,006 $2;006 $3,000
Completeness/
Pill -less than
95%
Price Accuracy $0 $0 $2,000 $3;000 $4,OD0 $5,000
- less than
99.5% _ .__ _
*Note: 1f'respondent fails to meet the perfbrmance stanaazas. s or more nmes.m a iz ;uuuw
period, the State shall have Bounds to initiate contract breach and termination proceedings.
5.0 EFFECTI~'EDATE
This Contract shall begin on October 1S, 2010, or on the last date invt°hich it is signed by all
parties, whichever is Tatar.
6.U E7~IILATION DATE
This Contract shall. expire three years from the effective dateof the.Contract; utl(ess cancelled
earlier in aeem~dane9 with its terms.
7.0 RENEWAL
Upon mutual writteaa~eement; tiie Department and the Contractor may renew the Contract for
upto three (3) years asallowedby Section 287.057 (13)(a), Florida.Statutes.and pursuantdothe
provision of PUR 1000 Section 26.
CoutractNc.: b18-0OD-11-1
Page 4 "of 6
4-13
S.0 ThTELLECTUAL PROPERTY
The parties do not amicipate that -any 7ntellectuat property will be developed' as a result of this _.
contracGAny intellectual property developed as a result.of this contract will belong to:and be the
sole property of the state. Tltis provision will: survive the termihaticn or expiration of th'e contract,
4.0 PREITERREA PRICE
T7ie Contractor agrees to submit to the Deparment at IeasN annually an affidavit firm- an
authorised representafiVeattesting. that the Contractoris in. compliance wifh the ~preferra~ pricing
provision inSectlon 5.14 Best Pricing Compazisonoftlie ITN.
> o.tl eoNrxACT noculv~n~rs
This Contract, together vrith the following attached documents, set-forth the. entire understanding
of the parties with. respect to the subject matter. In case of conflict,. the termso£ this Contract
shall control. If a conflict exists among any of the attached documents; thedocuments. shalt have
priority in the order listed:
A. ATTACF~VIENT I:
Office and Educational Consumables ITN Nog 61.8-001-10-I, as amended.
B. ATTACHMENT II:
Contractor's Response to the ITN.
c. ATTACA11dI;NT ~:
Contractor's Best and Final Offer Pricing:
II.O CONTRACT MANAGEMENT
A. Contract Manager
Tfie Department employee wfio is primarily responsible for overseeing the Contractors
perfonnatiae of its duties and obligations pursuant to the fauns of this Contract The
Contract Manager shall be as follows:
Mazk Hernandez
Division of State Purchasing
Department of Management Services
4050 Esplanade Way
Tallahassee, FL 32399-0950
Telephone: (850)414-6741
Fax: (850) 414-6122
E-mail: mark.hernandez(uadms mvtlorida.com
The Department may appointa different Contract Manager, wlich shall not constitute an
amendment to the Contract, by sending written notice toContractor. Anycommunication
to the Department relating to the Contract shall be addressed tp the Contract Manager.
B. Contractor's Renresenffifive
Morrie Norwood
Office Depot
4300-1 Tennessee Street
Tallahassee, FL 32034-{city, state, zip]
Telephone: 650-5'15-0255
Fax: 850-575-1581
E•mailt mortis norwood(sdoflicedenoteam
ContractNo.; 618-000-11-1 Page.5 nf6
4-14
State of Florida Approved as fo form an8 legality
DepartmentofManagement Services by the Depa/rt~ mentjG~eneral Counsel'@.OYfi'ee . _.
Sy: Linda H. SoutS //r ~ •Gd,nsf~~~~- N ~n2..
__~I,I jr'' C~T~4rf Z.YD
Date Date
Contractor:.
~( +' 1
C-~i'^ r / ~ ~ -
S gn ure
y,
Jr~ `~ r i' ~11~.~-.
Print Name
~vl«~a
Date
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,.
:~ 7"!.7-
Contract No.: 61 &-DDD-11-1
Page
4-15
Office Depot Pricing
The State of Florida award to Office Depot provides core and non-core pricing based on discount from
list price. The contract uses S.P. Richards Company List Price index for the base list line price.
Manufacturer or vendor list price is used for items not in the SP Richards catalog and private brand
products.
The State of Florida allows quarterly pricing updates. Office Depot will submit request to include
updated product lists with list prices that reflect any updates to S.P. Richards' list prices, or product
manufacturers' list prices if SP Richards is not available, or the Contractors list price for generic items.
Specific Service Level Agreements (SLAB) in place include price accuracy of 99.5% or greater. Monthly
and annual third-party audits are required.
Participating agencies may also benefit from promotional and special pricing programs offered by
Office Depot.
State of Florida Contract 618-000-11-1
Office and Educational Consumables
Best and Final Offer Office Depot Discount % off List
..
Breakroom & 40% 40% 55% 55%
Cleaning
Supplies
Consumables 66% 66% 79% . 79%
Folders, Binders 70% 70% 75% 75%
& Accessories
Toner HP 35% 35% - -
Toner-Non HP 32% 32% 61% 61%
IT Peripherals 34% 34% 32% 32%
Equipment 30% 30% 36% 36%
Toner-Reman - 63% 63% 63%
Paper-Other - 60% 71% 71%
Paper-20q - - 79% 79%
White Recycled
and Virgin
4-16
05/26/2010 08:15 17708064076 1232 NORCROS5_SALES PAGE 01
Attachment 13
Certtfiratlon of Drug-Free Workplace Program
Secfi#on 287.087 of the Florida Statutes provides that, where identical tie bttls are received, preference
shall be given to a b{d received from a bidder that certifies fi has implemented adrug-free workforce
program. Please sign below and return this form to certify thak your business has adrug-free workplace
pmgram-
f) Publish a statement notifying employees that the unlawful manufacture, d'stdbution, dispensing,
possession or use of a controlled substance is pmh(bited In the workplace and specifying the
actions that will betaken agaatst ampWyees for violations of such prohibitlon.
2) Inform employees about the dangers of drug abuse In the workplace, me husiness's policy of
maintaining adrug-free workplace, any available drug counseling, rehabilitation and employee
assistance programs and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodlfles or contractual services that are under
BId a copy of the statement specifietl in subsection (1 ).
4) In the statement spectified in subsection (1), notify the employees, as a condition of working on
the cammodiries ar conhactuaf services that are under Bid, the employee will abide by me terms
of the Statement and vriq notify the employer of arty cornriction of, or plea of gusty or polo
confentlere bo, any violation of Chapter 893 or of any controlled substance law of ma Uniletl
States or arty State. for a viomtion occurring in the workplace no later man five (5) days after such
conviction.
5) Impose a sanction on, or require the satisfactory patNcipation in a drug abuse assistance ar
rehabilitab'on program if such is availao~ ih the employee's community by any employee who is
so comrlcted.
6) Make a good fai4r effort to continue to maintain a dmg-free Workplace through implementation of
fhis section.
ps the person authorized to sign the statemonk I certify that this company complies fu11y with me above
requirements. False statements are punishable at law.
RESPQNDFNTS
(04102)
4-17
AMENDMENT I
r TO
OFFICE AND EDUCATIONAL CONSUMABLES CONTRACT `
This Amendment 1 ("Amendmepi°) to., OFFICE AND EDUCATIOI~4L ,CONSUMABLES
CONTRACT NO.: 618.000-11-1 dated October 18, 2010, (the `Contract's is made end entered
into as of December .~,: 2010, ("Amendment Effective Dats") between Office::Depot, Inc.,
("Contractor and the State of Florida, Department of Management Services (`DeparlmenY~,
DMsion of State Purchasing, an ayency of the State of Florida.
The parties hereby agreed to amend that certain Contract between the Department`and Office
Depot, including any schedules and exhibits thereto, as amended. Capitalized terms not
otherwise defined fn this Amendment will have the same meaning as set forth in the Conract
Any provision not specifically mod(fied by this Amendment shall remain in full force and effect.
Should there. tie a confl(il between the terms and contlitlons of this Amendment and the terms
and conditons of the Contract, the terms and conditions of the Amendmen[ shall control.
The parties hereby amend the Contract as follows:
1. In addition to the Core,.Non-Core, and Generic Core and Generic Non-Core
wmmodiries available for purchase from the Contrail, ("Corrtract Items'), the
parties agree that Contractor may offer items that are not available for purchase
from the Contract ("Non-Contract Items' on Contractors Business Solutions
Department website located at httos://business.officedeoot.com.
2. Contract Items shall be clearly designated as "Contract Items" In the online
catalog. Non-Contract Items shall have no designation. This dlstlnction shall be
plainly identified on rile Contreilor's online bulletin board.
3. Non-Contract items may ba purchased off the Contract at market Competitive
prices.
4. Individual purchasing entitles may elect to exclude Non-Contract Items on the
online catalog for their respective purchases.
WHEREFORE, the parties have caused their duty authorized representatives to,execute this
Amendment as of the date of last signature below. a
OFFICE DEPOT, INC.
By:
Print Name:. M<.0?-
~> .,._;.
ri_. ~.~
STATE OF FLOAIDA
DEPARTiNENT OF MANAGEMENT
SERVICES
By:
Print<Name: ~/_r~na- /~F.Co.~r/f
Title: S~zr.
4-18
EXECUTION COPY
AMENDMENT 2
TO
OFFICE AND EDUCATIONAL CONSUMABLES CONTRACT
NO.: 618-000-11-1
This Amendment 2 ("Amendment") is effective as of April 1 I, 2011, or on the last date in which it is
signed by all parties, whichever is later, to the OFFICE AND EDUCATIONAL CONSUMABLES CONTRACT
NO.: 618-000-1 [-1 Contract ("Contract") effective as of October 18, 2010 between the State of Florida,
Department of Management Services ("DepattmenY') and Office Depot, Inc. {"Contractor"). Department and
Contractor era collectively referred to herein as the "Parties". All capitalized terms used herein shall have the
meaning assigned to them in the Agreement, unless otherwise defined herein.
WHERE 45, the Parties wish to amend certain terms and conditions of the Contract; and
WHEREAS, the Parties consent to and approve the amendment of the Contract as set forth herein.
NOIf! THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereby agree as follows:
1.0 Non-Contract Products. The Parties agree that Contractor may offer items that are not available
for purchase from the Contract ("Non-Contract Items") on Contractor's orderiug platform located
at httns•//business officedepot coin.
2.0 Contract items. Contract Items shall be clearly designated as such in the online catalog on
Contractor's ordering platform (referenced in Section 1.D above):
3.0 Required Users. Mandatory State of Florida agencies are permitted to purchase office
consmnable items from the online catalog displaying the Contract items only; therefore only
Contract Items shall be visible on the online catalog for mandatary State of Florida agencies. If it
is necessary fur a mandakory State of Florida agency to purchase aNon-Contract Item, the
agency's internal purchasing policies and procedures shall be utilized. Non-Contract Items are
no[ part of the Contract, and they are therefore no[ subject to the audit provisions of the Contract,
however, other laws or agency procedures may impose audit requirements on such purchases.
4.0 Exceptions Ri2h[s of Other Purchasipe Entities.
A. Any purchasing entity may elect to exclude Non-Contract Items from Contractor's ordering
platform (referenced in Section L0 above) for its purchases. Individual purohasing entities
that choose not to exclude Non-Contract Items will have the ability to order both Conu'act
and Non-Contract Items un a single account, pursuant to the entity's own procedures and
applicable laws.
B. The Parties acknowledge and agree that any entity electing to purchase Non-Conh'act Items
pursuant to the Contract will be purchasing products that have not been competitively
procured nor established by the Department as part of the original Contract. Therefore, any
purchase of aNan-Contract Item will be made pursusnt to the entity's own procedures and
applicable taws. Non-Contract Ctems arc not part of the Contract and they are therefw•e not
subject to the audit provisions of the Contract, however, other audit requirements may apply.
Prices for Non-Contract Items, as determined by contractor, shall be clearly displayed on
Convacta•'s ordering platform (referenced in Section L0 above) at the time of purchase.
I of 2 Pages
4-19
5.0 I'stnoloymeat Verifcation. Contractor agrees dtxiit will' enroll and participate-ih-ilia Federal'
E-Verify Program for Employment Verification ender fhe -terms provided in the "Nlemorandwn
of Understanding" governing the program. Gantraotor further ag!•ees to provide to ilia Agency,
within thirty (30). days of the effective date of Phis Amendment, documentation of such
enrollmenT in the form of a copy of the E-Verily "Edit Company Pirofile" screen", wfiicli contains
proof of enrollment. in the E-Verify Program.(tFiis page c:aa'be irccessed from the "Edit Company
Profile" Link on fhe Icft navigation menu of ilia E-Verify employer's hoinepage). Contractor
further agrees that: ii will-require each subcontractor that performs work under this ContracCto
enroll and pai{ieipate in the L'-Verify Program within Winery (90) daysofthe effective-dateoftlus
Amendment or wifliin ninety (90) days of the effective dat¢.of~ttie coritmet`-lietweeq t(te
Contractor and the subcontractor; whichever is later. The Contractor shalloliWin fivin ilia
subconn'actor(s) acopy of the "Edit Canpany Profile" screen indicaziitg emnllinent in the
Verify Program and make such record(s) available to the Agency upon request: Contractor
further agrees to maintain records of'its paticipation and compliance with the provisions of ilia
E-Verify progrun, includiirg participation by its subcontractors as prdvided above; and to make
such t~ords available tq fhe Agency or otherauthoriiedstate entity consistent with the Terms of
fhe Ivleniorandum of Understanding.
6.0 Contlidt. Ta the extent tury of the teens. of'tltis Amendment cmt#lict with. tie terms of the
Contract, the terms of this Amendment shall control. Ali-othoi• teens-of the Contract remain in
full force.
7.0 Warrant of Authority. l?aoh person signing.this Amendment warrants. that he or she: is-duly
authorized to do so anA to bind the respectiveparty.
8.6 );fi_ect. This Amendment shalt supersede and entirely relilace Amendment t of this Contract.
Unless otherwise modified by this Amendment 2, all terms and cdtiditions contaiitedin the
Goebert shall continuein full.focceand effect.
State of hlorida,
vepartme ' Mar a lent Services:
sy: -
Name: - John P. Miles
Titlcr Secrern
Data hr ~ ao•
OtY'ice Depot, Inc.
sy. _ .
Name: Steve Schmidt
Title eresident, Business .SOlut~ions
Date: U 3d' ~~ ..
btt4ram
rIP>r~dM`Mt
a, x~
~~tt -:.
Ap(trnv~jidnstnform nnrlfegrsfiry
Offrce of r7~e GeueraFCamrse!
~j,7.~ c~t7 y,,1.
~Jnre
2 oft Pages
4-20