Loading...
2017-66 EXECUTION COPY AGREEMENT FOR OFFICE SUPPLIES THIS AGREEMENT, is made and entered into this 13/11 1day of June, 2017 ("Effective Date"), by and between the City of Clermont, located at 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and Office Depot, Inc., a Delaware corporation,located at 6000 Military Trail,Boca Raton,Florida 33496(hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Tamarac through the public procurement process awarded an Agreement for office supplies, City of Tamarac RFP 13-23R; 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 City of Tamarac Contract Number 13-23R. 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 as described in City of Tamarac contract number 13-23R, 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 Exhibit "A", shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE II—THE CONTRACT SUM CITY shall pay CONTRACTOR,for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule as set forth in Attachment 'A', attached hereto and incorporated herein. ARTICLE III—TERM AND TERMINATION 1. This Agreement is to become effective as of the Effective Date, and shall remain in effect until October 17, 2019, unless terminated or renewed as provided by the City of Tamarac. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to 1 EXECUTION COPY 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 forthe 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 General Conditions, CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar month for items provided during the preceding calendar month. Invoices are due thirty (30) days from the date of invoice: CITY'S credit limit shall be established by CONTRACTOR,who reserves the right to lower CITY'S'credit limit or refuse to ship any orders if at any time: (a)CITY is delinquent in making payments to Contract or is otherwise in breach of this Agreement;or(b)CITY'S credit standing becomes impaired or reasonably unsatisfactory to CONTRACTOR. ARTICLE VI—DISPUTE RESOLUTION - MEDIATION fi ,r 1. 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. ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER 1• Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life'of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the 2 . . - EXECUTION COPY CONTRACTOR shall, require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR: Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Projectis not protected under the Worker's Compensation statute, the CONTRACTOR,shall provide adequate insurance, satisfactory to the CITY; for the protection of employees not otherwise protected. 2. CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal-injury including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) CONTRACTOR's Comprehensive General, $500,000 Each ($1,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $500,000 Each Bodily Injury &Property Damage Occurrence, - Combined Single Limit ARTICLE VIII—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. 6000 Military Trail Boca Raton, FL 33496 Attn: Jim Pollman, Vice President CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX—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 3 EXECUTION COPY 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 extentpermitted 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. 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. Assignment.` Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole orin part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 8. Applicable Law. This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Public.Records. Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does 4 EXECUTION COPY not:exceed the cost provided in this. Florida's Public Records law or as otherwise provided by law. (c) Ensure that publicrecords that are exempt or confidential and exempt from public -records disclosure requirements are not disclosed except as authorized by law. (d);Meet all requirements for retaining public records and transfer, at no cost, to the;CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt 'or confidential and exempt from public records disclosure requirements: CONTRACTOR=shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF :.CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ARTICLE X AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. All documents contained in City of Tamarac Contract No. 13-23R 2. .Purchase Order/Notice to Proceed 3. This Agreement ~ 1 5 EXECUTION COPY IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this e714-day of LIM fi , 2017. City of Cl moat Gail L. Ash, Mayor Attest: 7 /'Tracy Ackroyd Howe, City Clerk f/7y Office De i of•I c. By 1[/*A_ (N,try1m �inted r,Typed Office. Vice President i R B %Ted Title v • 6 EXHIBIT A CIT`( OF TAMARAC, FL Contract 13-23R for Office Supplies with Office Depot, Inc. Effective: October 18, 2013 through October 17, 2019 The following documents comprise the executed contract between the City of Tamarac, FL and OfficeDepot, Inc.,:effective'date'10/18/13 through 10/17/19: I. City of Tamarac, FL: Resolution No. R-2016-107 II. City of Tamarac, FL: Resolution No. R-2013-110 1 Temp Reso#12840 Page 1 August 17, 2016 Rev. 1 September 21, 2016 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2016- l 6 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AGREEMENT AMENDMENT #1 AND EXERCISING A THREE (3) YEAR RENEWAL OPTION; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AGREEMENT AMENDMENT #1 FOR OFFICE SUPPLY NEEDS WITH OFFICE DEPOT, INC. ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE, FOR THE PERIOD OF OCTOBER 18, 2016 THROUGH OCTOBER 17, 2019; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PRINCIPAL PROCUREMENT AGENCY CERTIFICATE AND NEGOTIATE AND EXECUTE A REBATE AGREEMENT WITH THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE CONSORTIUM (NATIONAL IPA) IN THE EVENT THAT OFFICE DEPOT, INC. AND THE CITY MUTUALLY DETERMINE TO UTILIZE THE CITY OF TAMARAC AGREEMENT AS THE PRIMARY AGREEMENT FOR OFFICE SUPPLIES PROVIDED BY NATIONAL IPA TO ITS MEMBERS IN THE UNITED STATES AND OTHER COUNTRIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND . PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has a 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 1 hereby certify that tht documentte etrAll and erect copy of R•2-06. /0 7 i. Zeh 1Z, the original of which is on Mellteitptfall. WITNESS MY HAND AND OFFICIAL SEAL . OF THE CITY OFTAMARAC,FLORIDA. . . r ;. Thle .3; of 0a N . 7/7�!'. ... City Clerk � 1. . . .. .•. Temp Reso #12840 Page 2 August 17, 2016 Rev. 1 September 21, 2016 WHEREAS, the City of Tamarac served as the "lead agency" for the Southeast Florida Governmental Purchasing Cooperative for the purchase of office supply needs; and WHEREAS, twenty-six (26) governmental agencies within the Southeast Florida Governmental Purchasing Cooperative are eligible to utilize this agreement for the purchase of approximately $2.1 million in office supplies; and WHEREAS, the City of Tamarac formally advertised and issued Request• for Proposal # 13-23R in order to obtain pricing and service capability information for vendors in the office supply marketplace, and as a result of the evaluation of the responding proposals, the City Commission of the City of Tamarac awarded the proposal and authorized the City to enter into an Agreement with Office Depot, Inc. via Resolution R-2013-110 at its meeting of October 9, 2013, a copy of said resolution is on file in the Office of the City Clerk; and WHEREAS, the original Agreement provides the option for the City to renew the original Agreement for a period of three (3) years based on satisfactory performance by the Contractor; and WHEREAS, Office Depot, inc. has performed successfully for the City and for the members of the Southeast Florida Governmental Purchasing Cooperative; and WHEREAS, the City and members of the Southeast Florida Governmental Purchasing Cooperative desire to exercise the three (3) year renewal option with • eunt m A:rgemPFIGtPePot,•Inc.;.and. r •.- - 411.4111 . RAMI •. I. ) .,+ • Temp Reso #12840 Page 3 August 17, 2016 Rev. 1 September 21, 2016 WHEREAS, the current Agreement with Office Depot, Inc. includes both a • primary pricing schedule and pricing awarded by the State of Florida on its Term Contract #618-000-11-1, in place through October 17, 2017 with the provision that City and the Southeast Florida Governmental Purchasing Cooperative may • use the most advantageous pricing during the term of the Agreement; and WHEREAS, the pricing provided under the State of Florida Term Contract #618-000-11-1 has been the most advantageous to the City and to the Southeast Florida Governmental Purchasing Cooperative during the original term of the Agreement; and WHEREAS, the State of Florida has extended its Term Contract #618- 000-11-1 through April 17, 2017, a copy of the current extension notice is included herein as Exhibit "1'; and WHEREAS, the State of Florida is in the process of developing and issuing a new solicitation for a State Term Contract for Office Supplies; and WHEREAS, in addition to the primary pricing schedule, Office Depot, Inc. has agreed to allow the City and the Southeast Florida Governmental Purchasing Cooperative to use pricing from either a new State of Florida Agreement after April 17, 2017, or pricing from the other primary pricing schedule whichever is the most advantageous to the City and the Southeast Florida Governmental Purchasing Cooperative as indicated in Agreement Amendment #1, included herein as Exhibit 7'; and Temp Reso#12840 Page 4 • August 17, 2016 Rev. 1 September 21, 2016 WHEREAS, Office Depot, Inc. has agreed to provide additional discounts as agreed to by the City and the members of the Southeast Florida Government Purchasing Cooperative, to the current primary pricing schedule as originally bid by Office Depot, Inc. on the City's Request for Proposal 13-23R to lower and generally match State of Florida pricing as indicated in Agreement Amendment #1, included herein as Exhibit"2" ; and WHEREAS, the National Intergovernmental Purchasing Alliance (National IPA), a national consortium, desires to potentially utilize the City's primary pricing schedule with Office Depot, Inc. as their primary national pricing model available to its members in the United States and other countries, with the City acting as the lead agency for National IPA; and WHEREAS, the use of the Office Depot, Inc. primary pricing schedule will provide the City, the Southeast Florida Governmental Purchasing Cooperative and other agency members of National IPA with additional office supply items not available on the State of Florida Agreement with pricing discounted similar or equal to the State of Florida price discounts; and WHEREAS, as the lead agency for the agreement, National IPA will pay the City a rebate based on contract use by their membership, an amount which has varied in recent years in the estimated range of$60,000 and $80,000; and WHEREAS, if it is mutually determined by Office Depot, Inc. and the City to move forward with the primary pricing schedule, the City will be required to execute a Primary Procurement Agency Certificate and negotiate and execute a Temp Reso#12840 Page 5 August 17, 2016 Rev. 1 September 21, 2016 Rebate Agreement with National IPA for the same term as the Office Depot, Inc. Agreement, a copy of said documents are included herein as Exhibit "3" and Exhibit "4" respectively; and WHEREAS, sufficient funds are available from all Departments' Operating funds; and WHEREAS, the City Commission of the City of Tamarac finds it to be in the best interest of the City of Tamarac to approve the terms of Agreement Amendment #1 and authorize the three (3) year renewal option for the current Office Depot, Inc. Agreement originally awarded under RFP 13-23R, and to authorize the appropriate City Officials to execute Agreement Amendment #1, included herein as Exhibit "2", with Office Depot, Inc. for the purchase of Office Supplies by the City and members of the Southeast Florida Governmental Purchasing Cooperative, and to furthermore authorize the appropriate City Officials to execute the National IPA Principal Procurement Agency Certificate and negotiate and execute the Rebate Agreement with National IPA that matches the term of the renewal option stated in herein for Office Depot, Inc., included herein as Exhibit "3" and .Exhibit "4" respectively to allow National IPA to utilize the City of Tamarac Agreement with Office Depot, Inc. if it is mutually determined by Office Depot, Inc. and the City to move forward with the primary pricing schedule. Temp Reso#12840 Page 6 - August 17, 2016 Rev. 1 September 21, 2016 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The City Commission of the City of Tamarac approves the terms of Agreement Amendment #1 and authorizes the three (3) year renewal option for the current Office Depot, Inc. Agreement originally awarded under RFP 13-23R, and authorizes the appropriate City Officials to execute Agreement Amendment #1, with Office Depot, Inc., a copy of said Agreement is included herein as Exhibit "2", for the period of October 18, 2016 through October 17, 2019. SECTION 3: The appropriate City officials are hereby authorized to execute the Principal Procurement Agency Certificate and negotiate and execute the Rebate Agreement with the National IPA cooperative, included herein as Exhibit°3" and Exhibit "4"respectively, in the event that it is mutually determined that Office Depot, Inc. and the City desire to use the City of Tamarac Agreement as the primary Office Supply Agreement for National IPA. . SECTION 4: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Temp Reso#12840 Page 7 August 17, 2016 Rev. 1 September 21, 2016 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this u day of =moi t JJ a 2016. A .. A . ai.. t, HA R D SLER MAYOR ATTEST: , I, „m/... PATRICIA A. TEU L,,` MC RECORD OF COMMISSION VOTE: CITY CLERK I MAYOR DRESSLER aDIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: V/M GLASSER DIST 4: COMM. PLACKO I HEREBY CERTIFY that I . Have approved this RESOLUTION as to form. ”,.,q/z G/11 S UELS. N CITY ATTORNEY TR12840 Exhibit"1" AMENDMENT NO.: 5 Office and Educational Consumables State Term Contract No.: 618-000-11-1 This Amendment No. 5("Amendment"), effective as of October 18, 2016,to the State Term Contract No. 618-000-11-1 ("Contract"), between the State of Florida, Department of Management Services("Department")and r4folt'o 'a'ete("Contractor")are collectively . referred to herein as the"Parties." All capitalized terms used herein shall have the meaning • assigned to them in the Contract, unless otherwise defined herein. WHEREAS the Department awarded the above referenced Contract for the provision of Office • and Educational Consumables, pursuant to Contract No. 618-000-11-1; and WHEREAS the Contract became effective on October 18, 2010 to continue through October 17, 2013 pursuant to sections 5.0 and 6.0 of the Contract; and WHEREAS the Contract was subsequently renewed pursuant to section 7.0 of the Contract until October 17, 2016; and WHEREAS the Parties agree that the Contract may be amended by mutual agreement as provided in section 4.42 "Modification of Terms"of the incorporated General Contract Conditions of the Contract;and WHEREAS the Parties agree to extend the Contract as provided in section 287.057(12), Florida Statutes for a period of six(6) months, effective October 18, 2016. This extension shall be terminated on April 17, 2017 or upon the execution of a new contract for Office and Educational Consumables, whichever occurs first. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged,the Parties agree to the following: I. Contract Amendment. • a. As a result of a scrivener's error in Amendment#4 to Contract No. 618-000-11-1, the Amendment#4 to the Contract is being amended to.renumber sections 5.14 and 5.15 to sections 12.0 and 13.0. b. The Contract is further amended to add the following section 14.0 of the Contract: 14.0 COOPERATION WITH THE INSPECTOR GENERAL Pursuant to section 255.055(5), Florida Statutes, contractor and any subcontractors understand and will comply with their duty to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. II. Contract Extension. Pursuant to section 287.057(12), Florida Statutes, the State Term Contract No. 618-000-11-1 is extended for a period of six(6) months at the same terms and conditions, with a new contract expiration date of April 17, 2017 or upon the execution of a new contract for Office and Educational Consumables, whichever occurs first. Page 1 of 2 AMENDMENT NO.: 5 Office and Educational Consumables State Term Contract No.:618-000-11-1 • Ill. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract,the terms of this Amendment shall control. IV. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. V. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida, . Contractor: Department of Management Services IMMIgnal By: By: Name: Ben Wolf Name: Title: Chief of Staff Title: Date: Date: • • • Page 2 of 2 EXECUTION COPY AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC AND OFFICE DEPOT, INC. The City of Tamarac, a municipal corporation, with principal offices located at 7525 NW 88th Avenue, Tamarac, FL 33321 ("City"), and Office Depot Inc., a Delaware corporation, duly registered as a Florida Foreign Corporation, with principal offices located at 6600 Military Trail, Boca Raton, FL 33496 (the "Contractor") agree to amend the original Agreement dated October 18, 2013, to provide for office supplies pursuant to Request for Proposal Number 13-23R, as of October 18, 2016 (the "Amendment 1 Effective Date"). ' WHEREAS, the City and the Contractor entered into an Agreement dated October 18, 2013, awarded as a result of RFP 13-23R, entitled Office Supplies, issued on behalf of the Southeast Florida Governmental Purchasing Cooperative (the'Agreement"); WHEREAS, both parties wish to amend the original Agreement dated October 18, 2013; said amendment to include a three (3) year renewal term; and WHEREAS, the Contractor represents that it is currently capable of continuing to provide the necessary quantities of office supplies to the City and the Southeast Florida Governmental Purchasing Cooperative; and NOW, THEREFORE, in consideration of the promises contained herein, the parties hereto agree to further amend the original agreement as follows: 1. 4) Contract Term and Renewal • • Pursuant to the terms of Section 4, Contract Term and Renewal of the original Agreement dated October 18, 2013, between the City and Office Depot, Inc. and in recognition of satisfactory performance under the current term of the Agreement, the CITY hereby exercises its rights to exercise the three (3) year . renewal option of the Agreement for the term October 18, 2016 through October 17, 2019, and Contractor agrees to such renewal. This Agreement Renewal shall be effective October 18, 2016, for a period of 3 years, through October 17, 2019. 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 for not longer than six (6)months following the October 17, 2019 termination date 2. The following new sections shall be added to the Agreement: "21. 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. 22. In the event the City (also referred to as "Principal Procurement Agency" in material provided by National IPA) and Contractor partner with National Intergovernmental Purchasing Alliance Company ("National IPA") to offer the Agreement (also referred to as the "Master Agreement" in material distributed by National IPA) on a national basis to public agencies who register with National IPA ("Participating Agencies"). Participating Agencies that choose to access the Agreement via their participation with National IPA do not need to register with the Southeast Florida Governmental Purchasing Cooperative. 23. 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 EXECUTION COPY 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 the 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. If the City deems it is in the best interest of the City, the City reserves the right to increase the frequency of the Third Party Audit." 3. Attachment A shall be deleted in its entirety and replaced with the Attachment A attached hereto. 4. Attachment A-1 shall be deleted in its entirety. All other provisions of the Agreement shall remain•in effect as written. • • 2 EXECUTION COPY 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 City Manager, and Office Depot, Inc., signing by and through its Vice President,duly authorized to execute same. CITY OF TAMARAC• { • 'h 1411 AliGvi4L4c..—, A V is -I C.Ce e �- c City Manager 0.1 6try Ct 11416 .tricia A. Teufel, CMC Date City Cleric � ) 9 0O Approved as to and legal s ciency: Date //I fir, Samuel S. Gore , City Attorney Date ATTEST: Office Depo : sOfk4 \\t y (Assistant Corporate S tary) ne ?0,rfA. n 4 t c.5'\, ¶T� -Troy EACs Type/Print Name of Assistant Corporate Secy. Type/Print Name SeiZacvNAH.N (f, (CORPORATE SEAL) Date I. • 3 EXECUTION COPY CORPORATE ACKNOWLEDGEMENT STATE OF _I or 1A Sl • :SS COUNTY OF 91W\--aQk{_1j�1 : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared l r6LI the CAA tQ t f Office Depot Inc., a Delaware Corporation, duly registered as a Florida Foreign 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 ‘twwh.. 2016. 46:lure of Notary Public to of Florida at Large Lt Yida PeAVel 119::144\ r��„4 LINDA FEAGIN Print, Type or Slimy r Notary Public-state 01 Fiorida Name of Notary Public 1.14.1 Commission a FF 965524 Expires Feb 2 2020 Personally known to me or 1%5%, ,it Tony CommTI0tl National Notary Assn. Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. •4 EXECUTION COPY ATTACHMENT A Pricing 1. Contract Items. Contractor agrees to supply City a minimum 10,000 product catalog assortment as the Contract Items ("Contract Items'), at the discounts from list price set forth below. The list price on the Amendment 1 Effective Date shall mean the Quarter 3 2016 S. P. Richards list price for products. Where there is no S. P. Richards list price available, the current manufacturer's list price shall be used. If the product is a private brand product, then Contractor is considered the product manufacturer and their established, reasonable price shall be list price. The percentage discount from list price shall remain firm for the term of the Agreement. Pricing shall remain firm for one year from the Amendment 1 Effective Date and thereafter, the Contractor may submit updated price lists for approval on a quarterly basis on January 1st, April 1st, July 1st, and October 1st of each calendar year. Such price lists updates shall go into effect following notification to City. Sub-categories in a Product Category are attached hereto as Attachment A-1 ("Product Category and Sub-Category List"). Product Category, " : Name Brand ' Private Brand ' . .. . : ' ` Products • " . . •Products • . . • • . . .71.:r• Discount rlmm List-Price: =Discount from::'List`Price• Breakroom & Cleaning Supplies 48% 65% Folders, Binders &Accessories 71% 71% Office Consumables (Art, Educational & 66% 73% Envelopes) Office Equipment 39% 43% IT Peripherals 39% 50% Paper-Other 69% 75% Paper -White, Recycled and Virgin 85% 78% Toner -Original Equipment Manufacturer 50% 65% Toner -Remanufactured 65% 68% 2. Technology Core List. Contractor agrees to supply those technology office products and services set forth in the list of such technology items that the parties shall agree to, and memorialize, following the Amendment 1 Effective Date (the "Technology Core List"). Prices for items on the Technology Core List will be fixed for ninety (90) day periods and updated quarterly. Those technology items that are not included as Contract Items, and which are not included in the Technology Core List, are part of this Agreement and will be priced on an individual basis. 3. Copy and Print Core List. Contractor agrees to supply those Copy and Print products and service set forth in Attachment A-2 attached hereto (the "Copy and Print Core List"). Prices for items on the Copy and Print Core List will be fixed for ninety (90) day periods and updated • quarterly. Those Copy and Print services that are not included as Contract items, and which are not included in the Copy and Print Core List, are part of this Agreement and will be priced on an individual basis. 4. Non-Contract Item Pricing. Contractor may offer additional items that are not Contract Items, or included on the Technology Core List and/or the Copy and Print Core List ("Non- Contract Items"), as a convenience to Agreement users. Such Non-Contract Items shall be 5 EXECUTION COPY available for purchase and Non-Contract Item pricing will be presented to the Customer at the point of sale or otherwise at the time of order placement. 5. Contract Items shall be clearly designated as °Contract Items" in the online catalog. Non- Contract Items shall..have no designation. Individual purchasing entities may elect to exclude Non-Contract Items from the online catalog for their respective purchases. • • • 6, EXECUTION COPY Attachment A-1 Product Category and Sub-Category List '01.01i'dtrtrstet ory • • -..-Product ttib' Stsedrie$ Breakroom&Cleaning Supplies Hand Sanitiser,Paper Towels,Lysol Spray,Wipes,Dusters and Facial Tissue,Wastebaskets,Safety Supplies,All Wipes,Hand Soaps,Knives,Cutters,Blades and Scrapers, Computer Dust-off,Lysol,Clorox,Windex,Air Freshener, Dust Pans,Cleaning Supplies,Cups,Spoons,Forks, Plates,Bowls and Shredder bags Folders,Binders&Accessories Manila File Folders,Hanging File Folders,Fastener Folder, Classification Folders,Mew Binders,Ring Binders,Report Covers,Files,File Folders,Pocket Files,Portfolios, Jackets,Inserts,Folder Frames,Dividers,Wallet Files,File Guides,File Indexes,Tabs,Tab Reinforcements,and Accessories Office Consumables(includes Art,Educational& Adhesives,Glues,Glue sticks,Adhesive Removers Envelopes) Appointment Books,Phone Message Books,Statement Books,Fax Message Books,'While You Were Out' Books, Forms,Dictionaries,Thesaurus,Diaries,Tickets, Reference Sets Archive Boxes,Cardboard Boxes,Storage Containers Award Frames,Displays,Plaques,Certificates Badges,Badge Holders,Lanyards Batteries,Chargers, Binder Clips,Paper Clips,Panel Clips,Pushpins, Thumbtacks,Safety Pins,Rubber bands,Scissors,Shears, Cutters,Trimmers,Hole Punches(non-electric) Binders,Com bs,Rings,Spines Bulletin Boards,Cork Boards,Easels,Easel Pads,Poster Boards Calendars,Desk pads,Refills,Planners Calculator Ink,Calculator Spools,Adding Machine Tape, Cash Register Tape Camera Film Correction Fluid,Correction Tape,Correction Pens Erasers,Dry-Erase Erasers,Chalk,Crayons Ink Pads,Refills,Stamps Labels,Label Holders Mailing Tubes,Mailing Tubs,CD Mailers,Packaging, Fingertips,Letter Openers,Moistener Markers,Highlighters Envelopes Notebooks,Notepads,Pads of Paper,Post it Notes, Office Organizers,Inboxes,Copyholders,Pen and Pencil Holders,Drawers,Desktop Shelves,Extension Cords Pencils,Pencil Erasers,Lead Refills;Pencil Sharpeners, Pens,Pen Refills Protractors,Rulers,Yardsticks,Com passes,Engineer Triangles Index Cards,Business Cards,Card Holders,Ledgers, Tags,Sheet Protectors,Letters.Numbers,Fasteners, Fastener Bases,Clipboards,Flag Tape 7 EXECUTION COPY P0000:61140,0 : ' !Pri-Clit01100)1V•: Office Consumables(includes Art,Educational& Signs,Sign Holder,Flyer Holders,Racks,Literature Envelopes) Displays,Name Plates Staplers,Staples,Staple Removers Tape,Tape Dispensers,Embossing Tape,Velcro Products Transparency Film,Transparency Paper,Laminating Supplies,Laminating Pouches Art and Science Supplies Office Equipment Calculators,Easels,Pencil Sharpeners,Dividers,Carts, Hand Trucks,Hole Punches,Label Makers,Lam inators, Shredders,Typewriters,Printers,Book Cases,Book Ends, Book Shelves,Chairmats,Clocks,Hooks,Lamps and Furniture IT Peripherals CDs,DVDs,Cassette Tapes,Tape Cartridges,CD and DVD Cases,CD and DVD Storage,VHS Tapes,Computer Disks and Diskettes,Computer Bags and Cases,Mouse, Keyboards,Keyboard Pads,Mousepads,Camera Bags, Camera Cases Headsets,HeadsetAccessories,Headphones Surge Protectors,UPS Power Supply USB Drives,Flash Memory,Zip Disks IT Hardware/Software Paper—Other Art Paper,-Construction Paper,CrepePaper,Colored Paper,Photo Paper,Computer Paper and Specialty Paper Paper—White,Recycled&Virgin Paper—20#White,Recycled and Virgin Copy Paper,, minimum 92 bright Toner—Original EquipmentManutacturer Original Equipment Manufacturer(OEM)-Toners, Cartridges,Fusers,Kits,Drums,Ribbons and Related Accessories Brands include but are not limited to:Hewlett Packard,Dell, Lexmark,Cannon,Brother,etc. Toner—Remanufactured Remanufactured-Toners,Cartridges,Fusers,Kits,Drums, Ribbons,and Related Accessories 8 ; EXECUTION COPY I • Attachment A-2 ] i Copy and Print Core List •• . • 1 • „„ ( ( • • 9 Office DEPOT. OeMax• CPD Price list 7.1.15 Item DESCRIPTION SUPPLIER SKU UOM UNIT NET PRICE FINAL PRICE 1 BIN Full Service -Number Of Impressions Retail 2 BW SS Letter 167060 1 $0.10 $0.022 3 BW SS Legal A 167067 1 $0.10 $0.022 4 BW SS Ledger 167074 1 $0.20 $0.044 5 BW DS Letter 166955 • 1 $0.10 $0.020 6 BW DS Legal 167039 1 $0.10 $0.020 • 7 BW DS Ledger 167053 1 $0.20 $0.040 8 Full Service Color Copies Retail 9 Color SS Letter 166962 1 $0.59 $0.21 10 Color SS Legal 166990 1 $0.59 $0.21 11 Color SS Ledger 166997 1 $1.18 $0.42 12 Color DS Letter 167102 1 $0.59 $0.19 13 Color DS Legal A 167109 1 $0.59 $0.19 14 Color DS Ledger 167116 1 $1.18 $0.38 15 Full Bleed Color Letter 464730 1 $0.98 $0.59 16 Full Bleed Color Ledger 464715 1 $1.00 $0.59 17 Hand Place Original(Per Sheet) 166913 1 $0.25 $0.15 18 Self Service Skus-STORE ONLY Retail 19 BW SS Letter 163061 1 $0.10 $0.022 20 BW SS Legal 162911 1 $0.10 $0.022 21 BW SS Ledger 163391 . 1 $0.20 $0.044 22 BW DS Letter 873905 1 $0.20 $0.040 23 BW DS Legal A 873925 1 $0.20 50.040 24 BW DS Ledger 873930 1 $0.40 $0.080 25 Color SS Letter 224111 1 $0.49 $0.21 26 Color SS Legal 224131 1 • $0.49 $0.21 27 Color SS Ledger 224151 1 1 $0.98 $0.42 28 Color DS.Letter 873940 1 $0.49 $0.19 29 • Color DS Legal 873945 1 $0.49 $0.19 30 Color DS Ledger • . 1 873965 1 $0.98 $0.38 31 20 LB Pastel -Letter Retail 32 Blue 167375 1 $0.02 $0.015 33 Suff. 167382 1 $0.02 $0.015 • 34 Goldenrod 167396 1 $0.02 $0.015 35 Gray 167417 1 $0.02 $0.015 36 Green . 167438 1 $0.02 $0.015 37 Ivory 167459 1 $0.02 $0.015 38 Lilac 167515 1 $0.02 $0.015 39 Pink . 167529 1 $0.02 50.015 40 Salmon 167543 1 $0.02 $0.015 41 Yellow 167564 1 $0.02 $0.015 _ ' 42 Gray 167417 1 $0.02 $0.015 43 Tan .167557 1 $0.02 $0.015 44 Cherry 167389 1 $0.02 $0.015 45 20 LB Pastel-Letter Retail 46 Blue 933987 1 $0.02 $0.015 _ 47 Green 934029 1 10.02 $0.015 48 Ivory 934036 1 $0.02 $0.015 49 Pink 933924 1 $0.02 $0.015 50 Yellow 933966 1 $0.02 $0.015 51 20 LB Pastel-Ledger Retail 52 Pink 208997 1 $0.04 $0.030 53 Lt.Blue 209039 1 $0.04 $0.030 54 • Ivory 209053 1 $0.04 $0.030 55 Yellow 209067 1 $0.04 $0.030 56 Green 209235 1 $0.04 $0.030 57 24 LB Pastel-Letter Retail 58 Green 224767 1 $0.02 $0.015 59 Ivory 750627 1 $0.02 $0.015 60 Lilac 224794 1 $0.02 $0.015 61 Pink 224812 1 $0.02 $0.015 62 Blue 224830 1 $0.02 $0.015 63 Yellow 224839 1 $0.02 $0.015 64 24 LB Bright-Letter Retail 65 Cosmic Orange 167578 1 $0.03 $0.023 66 Pulsar Pink 167690 ' 1 $0.03 $0.023 67 Gamma Green 167613 1 $0.03 $0.023 68 Lift-Off Lemon 167620 1 $0.03 $0.023 69 Lunar Blue 167655 1 $0.03 $0.023 70 Planetary Purple 167683 1 $0.03 $0.023 71 Re-Entry Red 167697 1 $0.03 $0.023 72 Galaxy Gold 750789 1 $0.03 $0.023 73 Solar Yellow 167753 1 $0.03 $0.023 74 Lime Green 167774 1 $0.03 $0.023 75 Very Violet 167802 1 $0.03 $0.023 76 Rocket Red 750798 1 $0.03 $0.023 77 Celestial Blue 750807 1 $0.03 $0.023 78 Fireball Fuchsia 750834 1 $0.03 $0.023 79 65 LB Bright •Letter Retail 80 Cosmic Orange 167865 1 $0.07 $0.053 81 Terra Green 167879 1 $0.07 $0.053 82 Re-Entry Red 167886 1 $0.07 $0.053 83 Lunar Blue 167907 1 $0,07 $0.053 84 Solar Yellow 167935 1 $0.07 $0.053 85 Bright White 168334 1 $0.07 $0.053 86 Stardust White 750843 1 $0.07 $0.053 87 Pulsar Pink 750870 1 $0.07 $0.053 88 67 LB Vellum •Letter Retail 89 White 167137 1 $0.06 $0.045 90 Blue 167305 1 $0.06 $0.045 91 Canary 167487 1 $0.06 $0.045 92 Green 167669 1 $0.06 $0.045 93 Ivory 167844 1 $0.06 $0.045 94 Gray 168012 1 $0.06 $0.045 95 Pink 225145 1 $0.06 $0.045 96 90 LB Bright-Letter Retail 97 White 168033 1 $0.05 $0.038 98 Blue 168068 1 $0.05 $0.038 99 • Green 168089 1 $0.05 $0.038 100 Yellow 168117 1 $0.05 $0.038 101 Ledger 110#(limited colors) 861397 1 $0.15 $0.113 102 110 LB Pastel Index -Letter Retail 103 Blue 167193 1 $0.06 $0.045 104 Canary , 167207 1 _ $0.06 $0.045 105 Green 167214 1 $0.06 $0.045 106 White 167228 1 $0 06 $0.045 107 Ivory 167235 1 $0.06 $0.045 108 Green 750906 1 $0.06 $0.045 109 Resume Retail no 100%Cotton-Ivory 24# 168446 1 $0.10 $0.075 111 100%Cotton-White 24# 167165 1 $0.10 $0.075 112 25%Cotton Linen-White 24# 167837 1 $0.06 $0.045 113 25%Cotton Linen-Ivory 24# 168145 1 $0.06 $0.045 114 25%Cotton Business 20# 225154 1 $0.05 $0.038 115 25%Antique Laid 24# 225163 1 $0.08 $0.060 116 25%Cotton Granite 24# 225172 1 $0.14 $0.105 117 100%Cotton Business 32# 225190 1 $0.14 $0.105 118 25%Cotton Linen 32# 225217 1 $0.12 $0.090 119 100%Linen 32# 225226 1 $0.16 $0.120 120 Parchment 24# 225253 1 $0.13 $0.098 121 Parchment 32# 225262 1 $0.12 $0.090 122 CertificateiAward Retail 123 Silver 168362 1 $0.50 $0.375 124 Gold 168383 1 $0.50 $0.375 125 Gloss 804 Retail ' 126 801b-Text-Letter 405319 1 $0.05 $0.038 127 801b-Cover-Letter 167942 1 $0.20 $0.150 128 801b-Text-Ledger 167998 1 $0.10 $0.075 129 80Ib-Cover-Ledger 167949 1 $0.40 $0.300 130 Gloss 1004 Retail 131 Digital Color Elite Gloss 100lb Text-Letter 591605 1 $0.20 $0.150 132 Digital Color Elite Gloss 100lb Cover-Letter 168572 1 $0.25 $0.188 133 1001b Text-Ledger 679875 1 $0.40 $0.300 134 100lb Cover-Ledger 168026 1 $0.45 $0.338 135 Supreme Gloss Retail 136 Digital Color Supreme Gloss 8pt 405347 1 $0.15 $0.109 137 Digital Color Supreme Gloss 10 pt 543965 1 $0.25 $0.184 138 Digital Color Supreme Gloss 12pt 543985 1 $0.30 $0.221 139 140 Glossy Trifold Brochure 168628 1 $0.39 $0.293 141 Presentation Folders 167172 1 $3.49 $2.618 142 Glossy Greeting Cards 168593 1 $0.40 $0.300 143 White Greeting Card Envelope 168614 1 $0.10 $0.075 144 Xrx Digital Clr Prem Bus Card(10up Taped) 167179 - 1 $1.00 $0.750 145 Specialty Paper(Durable&Poly) Retail 146 DuraPaper 543860 1 $0.99 $0.74 147 Polyester Paper-Letter . 543935 1 $0.99 • $0.74 148 Polyester Paper-Tabloid 543945 1 $1.99 $1.49 - 149 Documagnet 8pt 544020 1 $1.49 $1.12 150 Carbonless Paper 543995 1 $0.29 $0.22 151 152 Matte Labels 4Up 405270 1 $0.74 $0.56 153 Glossy 30-Up labels-Xerox 30-up 911120 1 • $0.85 $0.64 154 Glossy 30-Up labels-Holiday Only . 765400 1 $1.45 $1.09 155 Glossy CD-ROM Labels 405277 1 $1.49 $1.12 156 Security Paper Retail 157 Security/Rx Paper-Teal 750915 1 $0.45 $0.34 158 Security/Rx Paper-Grey 750924 1 $0.45 $0.34 159 Security/Rx Paper-Green 750942 1 $0.45 $0.34 160 Transparencies Retail 161 B&W-Clear 168173 1 $0.50 $0.38 162 Color-Clear 168180 1 $1.49 $1.12 163 Premium Paper Retail 164 28#Laser Paper 168348 1 $0.03 $0.020 165 Bright Paper Text 168334 1 $0.07 $0.053 166 Individual Sheets Retail 167 Color 838592 1 $0.02 $0.010 . 168 Cardstock 838608 1 $0.08 $0.060 169 Single Step Transfer Paper Retail 170 Letter Size 570658 1 $2.89 $2.17 171 Ledger 570669 1 $3.89 $2.92 172 3 Hole Paper-Letter Retail 173 White(SEE NOTE BELOW) 168579 1 $0.01 $0.001 174 BIN NCR Sets Single Sided 175 Priced Per Set Retail 176 2 Part NCR-Letter-White/Canary 167249 1 $0.25 $0.100 177 2 Part NCR-Legal-White/Canary 167263 1 $0.25 $0.12 178 3 Part NCR-Letter-W/C/P . 167298 1 $0.35 $0.15 179 3 Part NCR-Legal-W/C/P 167319 1 $0.35 $0.17 180 4 Part NCR-Letter-W/C/P/G. 167326 1 $0.45 $0.25 181 4 Part NCR-Legal-W/C/P/G 167333 1 $0.45 $0.27 182 BW NCR Sets Double Sided 183 Priced Per Set Retail 184 2 Part NCR-Letter-White/Canary 743598 1 $0.44 $0.12 185 2 Part NCR-Legal-White/Canary 743679 1 $0.44 $0.14 186 3 Part NCR-Letter-W/C/P 743607 1 $0.84 $0.17 187 3 Part NCR-Legal-W/C/P 744012 1 $0.64 $0.19 188 4 Part NCR-Letter-W/C/P/G 743634 1 $0.84 $0.27 189 4 Part NCR-Legal-WIC/P/G 743742 1 $0.84 $0.29 190 Color NCR Sets Single Sided 191 Priced Per Set Retail 192 2 Part NCR-Letter-White/Canary 466155 1 $1.00 $0.49 193 2 Part NCR-Legal-White/Canary 466195 1 $1.00 $0.54 194 3 Part NCR-Letter-W/C/P 466220 1 $1.40 $0.68 195 3 Part NCR-Legal-W/C/P 466225 1 $1.40 $0.73 196 4 Part NCR-Letter-W/C/P/G 466230 1 $1.80 $0.87 197 4 Part NCR-Legal-W/C/P/G 466265 1 $1.80 $0.92 198 Color NCR Sets Double Sided 199 Priced Per Set Retail 200 2 Part NCR-Letter-White/Canary 743787 1 • $1.90 $0.68 201 2 Part NCR-Legal-White/Canary 743877 1 $1.90 $0.73 202 3 Part NCR-Letter•W/C/P 743814 1 $2.70 $0.87 203 3 Part NCR-Legal-W/C/P 744129 1 $2.70 $0.92 204 4 Part NCR-Letter-WIC/P/G 743859 1 $3.40 $1.06 205 4 Part NCR-Legal-W/C/P/G 743949 1 $3.40 $1.11 206 Lamination Retail 207 Letter-5 Mil 165828 1 $1.49 $1.12 208 Legal-5 Mil 165940 1 $1.99 $1.49 209 Ledger-5 Mil 166073 1 $2.99 $2.24 210 Letter-10 Mil 788765 1 $2.49 $1.87 211 Legal-10 Mil 790662 1 $2.99 $2.24 212 Ledger-10 Mil 785426 1 $4.99 $3.74 213 Business Cards 166269 1 $1.25 $0.94 214 Luggage Tags 10 MIL 166437 1 $2.49 $1.87 215 Alligator Badge Clips 166570 1 $0 49 $0.37 216 ID Badges 166682 1 $1.49 $1.12 217 Stapling Retail 218 Hand Stapling 166927 1 $0.10 $0.050 219 Stapling Booklet 861747 1 $0.35 $0.11 220 Machine Stapling Upper Left 861775 1 $0.02 $0.010 221 Machine Stapling Upper Right 861803 1 $0.02 $0.010 222 Stapling Double Staple-Left 861810 1 $0.05 $0.020 223 Folding Retail 224 Folding Per Shee1(Machine) 861383 1 $0.02 $0.010 225 Folding by Hand(Per Sheet) 165926 1 ' $0.10 $0.075 226 Cutting Retail 227 Cutting Per Cut(Per 250 Sheets) 166773 1 $0.75 $0.45 228 Full Bleed Cutting 751050 1 $3.00 $1.50 229 Cutting-in Half 861838 1 $0.75 $0.35 ' 230 Cutting-1/3 or 1/4 861873 1 $1.50 $0,75 231 Hand Cutting(Per Trim,Per Sheet) 805977 1 $0.25 $0.100 232 Padding Retail 233 Custom padding 166766 1 $0.60 $0.45 234 Drilling Retail 235 3 Hole 1.66633 1 $4.75 $1.50 236 5 Hole(1000 Sheets) 114370 1 $6.75 $1.75 237 Custom 171274 1 $5.00 $3.00 238 Shrinkwrap Retail 239 Shrink Wrapping 166857 1 $0.75 $0.25 240 Slip Sheets(Includes Inserting and Paper) 466285 1 $0.12 $0.010 241 Tab Sets Retail 242 Tab Sets Bank of 5-White 168215 1 $0.79 $0.59 243 Tab Sets Bank of 5-Blue 168236 1 $0.79 $0.59 • 244 Tab Sets Bank of 5-Gray 168243 1 $0.79 $0.59 245 Tab Sets Bank of 5-White-3 hole 168257 1 $0.79 $0.59 246 Tab Sets Bank of 5-Blue-3 hole 168299 1 $0.79 $0.59 247 Tab Sets Bank of 5-Gray-3 hole 168306 1 $0.79 $0.59 248 Clearview Binders Retail 249 1/2"Binder White 861439 1 $2.49 $1.49 250 1/2"Binder Black 861460 1 $2.49 $1.49 251 1"Binder White 861467 1 $2.99 $1.79 252 1"Binder Black 861502 1 $2.99 $1.79 253 1 1/2"Binder White 861558 1 $3.79 $2.27 254 1 1/2"Binder Black 861593 1 $3.79 $2.27 255 2"Binder White 861635 1 $4.99 $2.99 256 2"Binder Black 861684 1 $4.99 $2.99 257 3"Binder White 861705 1 $6.99 $4.19 258 3"Binder Black 861719 1 $6.99 $4.19 259 4"Binder White 805347 1 $9.99 $5.99 260 4"Binder Black 805356 1 $9.99 $5.99 261 Binding Retail 262 Tape Binding Black 1-100 Pages 166255 1 $1.89 $1.19 263 Tape Binding Gray 1-100 Pages 166283 1 $1.89 $1.19 264 Tape Binding Brown 1-100 Pages 166290 1 $1.89 $1.19 265 Tape Binding Black 101+Pages 166318 1 $1.99 $1.29 266 Tape Binding Gray 101+Pages 166325 1 $1.99 $1.29 267 Tape Binding Brown 101+Pages 166346 1 $1.99 $1.29 268 Comb Binding 1-100 Pages Black 166367 1 $1.89 $1.29 269 Comb Binding 1-100 Pages White 166388 1 $1.89 $1.29 270 Comb Binding 1-100 Pages Blue 166395 1 $1.89 $1.29 271 Comb Binding 1-100 Pages Other 166409 1 $1.89 $1.29 272 Comb Binding 101 +Black 166423 1 $1.99 $1.39 273 Comb Binding 101 +Blue 166444 1 $1.99 $1.39 274 Comb Binding 101 +While 166479 1 $1.99 $1.39 275 Comb Binding 101 +Other 166486 1 $1.99 $1.39 276 Coil Binding 1-100 Black 166493 1 $2.79 $1.29 277 Coil Binding 1-100 White 166514 _ 1 $2.79 $129 278 Coil Binding 1-100 Blue 166535 1 $2.79 $1.29 279 Coil Binding 1-100 Clear 166542 1 $2.79 $1.29 280 Coil Binding 1-100 Other 166549 1 $2.79 $1.29 281 Coil Binding 101 +Black 166556 1 $3.19 $1.39 282 Coil Binding 101 +White 166563 1 $3.19 $1.39 283 Coil Binding 101+ Blue 166577 1 $3.19 $1.39 284 Coil Binding 101 +Clear 166598 1 $3.19 $1.39 285 Coil Binding 101 +Other 166605 1 $3.19 $1.39 286 Perfect Binding(Paperback) 651525 1 $5.99 $1.05 287 Covers Retail 288 Clear Front 165989 1 $0.59 $0.44 289 Clear Back 165996 1 _ $0.59 $0.44 290 Plain Frosted Covers 165954 1 $0.63 $0.47 291 Deco Cube Frosted Covers 165975 1 $0 99 $0.74 292 Globe Design Frosted Covers 165982 1 $0.99 $0.74 293 Solid Back Black 166003 1 $0.59 $0.44 294 Solid Back Green 166052 1 $0.59 $0.44 295 Solid Back Gray 166059 1 $0.59 $0.44 296 Solid Back Maroon166094 1 $0.59 $0.44 297 Solid Back Navy 166115 1 $0.59 $0.44 298 Solid Back White 166129 1 $0.59 $0.44 299 Linen Cover Black 166143 1 $0.79 $0.59 300 Linen Cover Grey 166164 1 $0.79 $0.59 301 Linen Cover White 166178 1 $0.79 $0.59 302 Regency Cover Black 166185 1 $0.69 $0.52 303 Regency Cover Maroon 166206 1 $0.69 $0.52 304 _Regency Cover Navy 166220 1 '' $0.69 $0.52 305 Regency Cover White 166227 1 ' $0.69 $0.52 306 Scanning Retail 307 Document Scan-1st Page 751068 1 $2.99 . $2.24 308 Doc Scan-Each Addl Page 751095 1 $0.25 . $0.19 309 Hand Placement Scanning(Image) 751086 1 $2.99 $2.24 • 310 CD Bum 166829 1 $2.99 $2.24 311 Typesetting Retail • • 312 Simple 208829 1 $15.00 $11,25 313 Half Page Text 208899 1 $30.00 $22.50 314 Full 8.5 x 11 Text 208955 1 $60.00 $45.00 315 File Manipulation Each Minimum Editing 166878 1 $1.00 $0.75 316 File Manipulation Quick Editing/File Prep 166885 1 $0.25 $0.19 317 Custom Services Retail 318 Hand Collation 166899 1 $0.05 $0.030 319 Slip Sheets-OD Supplied(Inc!Paper and Inserting) 466285 1 $0.12 $0.010 320 Machine Inserting(Per Insert) 805833 1 $0.01 $0.005 321 Hand Inserting(Per Slipsheet) 805842 1 • $0.10 $0.075 322 Hand Inserting(Per Envelope) 805743 1 $0.10 $0.075 323 Hand Affixing(Label/Stamp) 805869 1 $0.05 $0.038 324 Hand Place Original(Per Sheet) 166913 1 $0.25 $0.15 Temp Reso #12407 Page 1 September 24, 2013 Revision 1 -- September 30, 2013 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2013- /!6 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 UTILIZING PRICING PROVIDED THROUGH REQUEST FOR PROPOSAL 13-23R AND BASED UPON STATE TERM CONTRACT #618-000-11-1, OR LOWER PRICING AS MAY BECOME AVAILABLE THROUGH ANY OTHER CONSORTIUM AGREEMENT, INCLUDING CONTINGENCY PRICING FOR THE PERIOD OF OCTOBER 18, 2013 THROUGH OCTOBER 17, 2016, WITH ONE (1) THREE (3) YEAR RENEWAL OPTION; 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 WHEREAS, the City of Tamarac served as the "lead agency" for the Southeast Florida Governmental Purchasing Cooperative for the purchase of office supply needs; and Temp Reso #12407 Page 2 September 24, 2013 Revision 1 -- September 30, 2013 WHEREAS, twenty-six (26) governmental agencies within the Southeast Florida Governmental Purchasing Cooperative are eligible to utilize this agreement for the purchase of approximately$2.1 million in office supplies; and WHEREAS, the City of Tamarac formally advertised and issued Request for Proposal # 13-23R in order to obtain pricing and service capability information for vendors in the office supply marketplace, a copy of which is included herein as Exhibit"1"; and WHEREAS three (3)firms responded to the RFP including: Office Depot(Two (2) Proposals) Office Max Staples Advantage; and WHEREAS, an evaluation team chaired by the City of Tamarac, and including the City of Coral Springs, Florida, the City of Davie Florida, and the City of Greenacres, Florida evaluated and ranked all responses to the proposal; and WHEREAS, the proposal offerings submitted by Office Depot, Inc. were 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"2"; and WHEREAS, based upon the evaluation of the specific pricing of the two proposals submitted by Office Depot, the proposal using pricing available on the State of Florida Term Contract #618-000-11-1 was determined to be the more competitively priced proposal of the two (2) responses received from Office Temp Reso#12407 Page 3 September 24, 2013 Revision 1 -- September 30, 2013 Depot to the City's Request for Proposal #13-23R, a copy of the response is included as Exhibit"3" herein; and WHEREAS, the State of Florida only recently decided to renew Term Contract #618-000-11-1 for a one (1) year period with two (2) additional one year renewal options; and WHEREAS, the Southeast Florida Governmental Purchasing Cooperative determined that they needed contingency pricing in the event that the State of Florida does not renew the Agreement for one or more of the successive one (1) year renewal options; and WHEREAS, staff has negotiated substantially lower pricing for the second Office Depot proposal, which will serve as back-up pricing in the event the State of Florida does not renew the Agreement for one or more of the successive one (1)year renewal options included herein as Attachment A-1 to Exhibit"4"; and WHEREAS, Office Depot has successfully supplied the needs of the Southeast Florida Governmental Purchasing Cooperative in the past; and WHEREAS, the proposal provides for one (1) one three year renewal option based on satisfactory performance under the Agreement; and Temp Reso#12407 Page 4 September 24, 2013 Revision 1 -- September 30, 2013 WHEREAS, sufficient funds are available from all Departments' Operating funds; and WHEREAS, the City Commission of the City of Tamarac finds it to be in the best interest of the City of Tamarac to authorize the appropriate City Officials to award RFP 13-23R, and execute an Agreement with Office Depot for the purchase of Office Supplies by the City and members of the Southeast Florida Governmental Purchasing Cooperative using pricing provided by Office Depot utilizing pricing available on the State of Florida Term Contract#618-000-11-1, or lower priced national consortium agreement as may become available to the City and the members of the Southeast Florida Governmental Purchasing Cooperative, and including the contingency pricing in the event that the State of Florida does not renew Term Contract #618-000-11-1 during the three (3) year term of the City's Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. Temp Reso#12407 Page 5 September 24, 2013 Revision 1 -- September 30, 2013 SECTION 2: The appropriate City officials are hereby authorized to award Request for Proposal #13-23R to Office Depot, Inc., and to execute an Agreement with Office Depot, Inc., a copy of said Agreement is included herein as Exhibit "4", utilizing pricing available on the State of Florida Term Contract #618-000-11-1, or lower priced national consortium agreement as may become available to the City and the members of the Southeast Florida Governmental Purchasing Cooperative, and including the contingency pricing as Attachment A- 1 to Exhibit "4" in the event that the State of Florida does not renew Term Contract#618-000-11-1 during the three (3)year term of the City's Agreement. SECTION 3: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption.. Temp Reso#12407 Page 6 September 24, 2013 Revision 1 -- September.30, 2013 PASSED, ADOPTED AND APPROVED this / day of at2013. I )44) B TALABISCO MAYOR ATTEST: 0 u, '1! , -ATRICIA TEUF f , CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR TALABISCO dAlf-e-nr44 DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSE DIST 4: V/M. DRESSLER I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM C . kitsJ 4aotin) 1,, AM EL S. GOREN CIN ATTORNEY EXECUTION COPY AGREEMENT BETWEEN THE CITY OF TAMARAC AND OFFICE DEPOT, INC. THIS AGREEMENT is made and entered into this 18th day of October, 2013 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 with principal offices located at 6600 North Military Trail, Boca Raton, FL 33496 (the "Contractor") to provide Office Supplies for CITY and other participating agencies in the Southeast Florida Governmental Purchasing Cooperative. 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. 13-23R issued August 4, 2013, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, 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. In the event that there is a conflict between Request for Proposal document #13-23R as issued by the City, and the Contractor's Proposal, Request for Proposal document#13- 23R as issued by the City shall take precedence over the Contractor's Proposal, with the exception of the Contractor's Exceptions Page. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. In addition to this Agreement, the City reserves the option to piggyback on Office Depot's State of Florida Office and Education Consumables Contract No. 618- 000-11-1, ("State of Florida Contract") and make purchases thereunder. Should the State of Florida Contract terminate, or City otherwise elects to not make purchases under the State of Florida Contract, upon 30 days notice to Contractor, City will commence making all purchases from Contractor under this Agreement. In the event the State of Florida Contract expires or is otherwise terminated and Contractor and the State of Florida enter into a new agreement, the City may elect to piggyback on such new agreement. 2)The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: EXECUTION COPY 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. 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. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document 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. Contractor shall provide to the City's Risk and Safety Manager memorandums 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 Liability Insurance policies. 4) Contract Term and Renewal This Agreement shall be effective October 18, 2013, for a period of 3 years ("Initial Term"). City and Contractor reserve the right to exercise one (1) additional 3 year agreement, subject to satisfactory performance by Contractor ("Renewal Term"). 5)Contract Sum The Contract Sum for the above work is based on the high-use pricing matrix and discounted catalog pricing provided proposed by Contractor as part of its response to Request for Proposal#13-23R. 6) Payments Invoices are due thirty (30) days from the date of invoice. City's credit limit shall be established by Contractor, who reserves the right to lower City's credit limit or refuse to ship any orders if at any time: (a) City is delinquent in making payments EXECUTION COPY to. Contract or is otherwise in breach, of this Agreement; or (b) City's credit standing becomes impaired or reasonably unsatisfactory to Contractor. All payments shall be governed by the Local Government Prompt Payment Act, F.S. Part VII, 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, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or propertydamage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 7.2 Upon completion of all Services, obligations and dutiesprovided 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 third-party claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs: '7.4The 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 suchindemnities, 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. 7.5 _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. EXECUTION COPY 8) Non-Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, 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 shall agree to post in conspicuous places, available to 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 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 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. 10)Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. Notwithstanding the foregoing, without obtaining written approval from City, Contractor shall have the right to delegate duties under this Agreement to those EXECUTION COPY subcontractors who are generally involved in the day-to-day business operations of Contractor, including, but not limited to, third-party logistics vendors and customer service providers. 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. 881h Avenue Tamarac, FL 33321 With a copy to City Attorney 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 Military Trail Boca Raton, FL 33496 ATTN: Jim Pollman, Vice President With a copy to Office of the General Counsel at the same address 12)Termination 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor 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. 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. 12.2 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 period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. Contractor may terminate this Agreement upon EXECUTION COPY sixty (60) days written notice to the City. 13) Public Records 13.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 13.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 13.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 13.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 13.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 13.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Article 12 "Termination" herein. 14.1 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, civil disturbance, sabotage, and governmental actions. 14.2 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 EXECUTION COPY 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. 15)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. 16)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. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18)Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The 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. 19) 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. 20) 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 proceedings or disputes connected with, arising out of, or involving this Agreement. EXECUTION COPY Remainder of Page Intentionally Blank IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Vice President duly authorized to execute same. ,sy-`(`PN1ARgc''�,,,� CITY . T ' - tQ ,Q= .4 ii, iaiZ:-. \9. Bet Talabisco,Mayor : .(P0 cidEb • °_ 44a3 '•.F.S '% �P‘. u.= Date ATT T: ��9�% • • ''•��� _____i. _ r ��'i,wq - D COJ� Michael C. me , ity Mane.er*131�� ,,,,,,,N,.,,,• 10-11.2 -,-, atricia A.TeufIMC.,.., ., / Date Date /D�S Approv as to form and ��legal ��sufficiency: L 41�1�(r41 A Ott mey ID Ildi5 Date 0 *Ail C at ' Sign r7....... J, rl'> 17,t)f).)n al Name a e•-•C., pre Si f Title Y 1rJ- 2- 13 Date EXECUTION COPY CORPORATE ACKNOWLEDGEMENT STATE OF GP-nt ti k 1) COUNTY OF CZE j 4 /7 YL i I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jim Pollman, Vice President of Office Depot, Inc., a Delaware Corporation, to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this-day of ,20 . ,, g,,,.. a rs,,,, ``���„������� ignature of Notary Public �.� 1,1Nnp �',, State of naiad at Large ,.•..)p 9 N18q..9,1, 4 a C7-e�ue� r 2a(.....r 718/°, 'Pp VP. Vi h A , Jcinz i O• i y ldylcs�' ' 5 Print, Type or Stamp V4 cv4 es, 411• Name of Notary Public /1. w mit‘. Personally known to me. or _ Produced Identification Type of I.D. Produced _ DID take an oath, or _DID NOT take an oath. EXECUTION COPY ATTACHMENT A PRICING 1. THE NATIONAL PROGRAM. City will act as a group purchasing organization and will provide Contractor with access to its members who complete the registration process as mutually agreed upon ("Members"). • Contractor shall supply to Members those office products and services as set forth herein during the "Initial Term" (as hereinafter defined) and any "Renewal Term" (as hereinafter defined) (the "Program"). Members shall not resell products purchased under this Agreement. Contractor reserves the right to terminate any individual Member's participation in the Program immediately upon written notice to Member in the event such Member's participation violates the terms and conditions of this Agreement. 2. CORE LIST PRICING. Contractor agrees to supply to Members those office products and services as set forth in Attachment A-1 attached hereto (the "Core List") at the prices set forth therein. With the exception of paper and toner/ink items, Core List pricing will be held firm for two (2) calendar quarters from the Effective Date and thereafter will be updated on a semi-annual basis. Pricing for paper and toner/ink items on the Core List will fluctuate with market conditions. Upon request, and when available, Office Depot shall provide Company with manufacturer documentation to verify that paper and toner/ink price adjustments are being appropriately passed through to Members. Office Depot will meet with Company on an annual basis (or as otherwise necessary) during the Initial Term and any Renewal Term to review the products and services on the Core List. In addition, the products and services on the Core List, and the prices thereof, may be updated from time to time upon notification by Office Depot to Company (including via e-mail). 3. NON-CORE ITEM PRICING. Items not on the Core List("Non-Core Items"), but which are identified in the primary printed catalog in use for account customers (also known as "contract" customers) of the Business Solutions Division that is in circulation at the time of the order ("BSD Catalog"), will be priced at the discounts off of list price: General Office Supplies 70%, Ink & Toner 30%, Paper 70%, Balance of Catalog 20%, exclusive of bulk pricing discounts or other specials. BSD Catalog pricing will be updated each calendar quarter. Notwithstanding anything herein to the contrary, the aforementioned discount shall not apply to (1) products in the following categories (as such categories are identified on www.officedeaot.com): Technology, Custom Printing, Breakroom Supplies, Food and Beverage, Copy and Print Services, Promotional EXECUTION COPY Products, Gift Cards, and Warranties, and (2) clearance items and promotional items, including, but not limited to, Instant Savings, Coupon Savings, Mail-In Savings, and Bundled Savings (collectively, "Excluded Categories"). Excluded Categories, as well as Non-Core Items that are not identified in the BSD Catalog, shall not be subject to the discounts or pricing methodology otherwise set forth in this Agreement. Rather, prices for such items will be established by Office Depot in its discretion and will be presented to Company at the point of sale or otherwise at the time of order placement. 4. PARTICIPATION. In order to receive the Program pricing offered hereunder, Members will be responsible for registering for the Program by accessing the online registration to be established by Office Depot during implementation of the Program. Members shall provide Office Depot with all information reasonably required by Office Depot to facilitate shipment and billing of any items purchased. EXECUTION COPY ATTACHMENT A-1 Sku Item Description URA Unit Price 167263 2 Part NCR form-Legal-White/Canary EA $0.07 478123 Paper,8.5X11 SALMON 500-CT RM $3.69 344344 BADGE,CARDREEL,4,ASTD TRNSLCNT PK $0.76 343731 BATTERY,9V,ALKA,ENERGIZER,2/PK PK $3.66 445511 BATTERY,AAA,ENERGIZER,24/BX BX $5.55 626049 BATTERY,ALKALINE,MAX,AA,24/PK PK $9.11 344352 BATTERY,ENERGIZER MAX AA,36PK PK $13.44 702973 BATTERY,ENERGIZER,E2,AA,8/PK PK $7.69 696518 BATTERY,INDUSTRIAL,9V,ALK,I2BX BX $8.28 718416 BATTERY,LITHIUM AAA,4PK PK $3.94 696526 BATTERY,SIZE AA,ALKALINE,24BOX BX $5.28 696542 BATTERY,SIZE C,ALKALINE,BOX 12 BX $5.79 696559 BATTERY,SIZE D,1.5V,ALK,I2BX BX $6.89 273190 BINDER,3-RING,VUE,2",BLACK EA $2.71 200832 BINDER,LASER,DATA,PRSBRD,BLU EA $3.34 729558 BINDER,OVERLAY,CLEAR,1.5",WHT EA $1.27 729624 BINDER,OVERLAY,CLEAR,2",WHT EA $1.47 494146 BINDER,OVERLAY,CLEAR,3",BLK EA $2.04 931576 BINDER,PRS,DRG,11X8.5,1.5C,WHT EA $2.59 931584 BINDER,PRS,DRG,11X8.5,2"C,WHT. EA $2.95 356774 BINDER,RR,VW,I1X8.5,I.5",WHITE EA $1.68 882260 BINDER,VIEW,WJ,LT,LRR,1",BLK EA $1.80 729525 BINDER,VUE,3RG,11X8.5,1"C,WHT EA $0.88 729640 BINDER,VUE,3RG,11X8.5,3"C,WHT EA $2.04 725163 BOOK,COMP,WR,100S,3PK PK $1.73 765798 BOOK,MEMO,WRBND,TOP,CR,60S,12 DZ $1.67 255760 BOOK,MONEY RCPT,2.75X7.25,3PT EA $8.39 352016 BOX,LTR/LGL,OD QUICK SETUP,4PK PK $4.99 397140 BOX,QUICK/STR,LTR/LGL,4/CT CT $10.09 199570 BOX,STOR,ECON LETTER/LEG CT $17.07 911633 BOX,STORAGE,PLAS,44QT,PURPLE EA $6.29 911642 BOX,STORAGE,PLASTIC,44QT,BLUE EA $6.29 486878 CARD,INDEX,BLANK,4X6,CAN,100PK PK $0.80 699850 CARD,TIME,F/PTR-4000 PK $4.79 295223 CARTRIDGE,HP LJ Q7553A,BIACK EA $71.99 992280 CARTRIDGE,HP,LJ,4250/4350 EA $134.99 169771 CARTRIDGE,INK,BLK,51645A EA $28.97 352871 CARTRIDGE,INK,BLK,C4844A EA $30.69 419672 CARTRIDGE,INK,HP#56,BLACK EA $19.99 154605 CARTRIDGE,INK,HP#57,TRI-COLOR EA $31.99 172681 CARTRIDGE,INKJET,HP#78,TRICLR EA $30.69 986952 CARTRIDGE,INKJET,HP 88 XL,BLK EA $35.86 EXECUTION COPY 812808 CARTRIDGE,INKJET,HP 98,BLACK EA $19.89 154414 CARTRIDGE,LASER,Q2612A EA $62.99 319275 CARTRIDGE,LASERJET 4600,BLACK EA $160.99 977952 CARTRIDGE,LASERJET,Q6470A,BLK EA $118.99 727381 CARTRIDGE,PRINT,C7115A,HP EA $62.99 332629 CD-R,80MIN,SPINDLE,50PK PK $7.11 620650 CD-R,SPINDLE,80 MIN,100/PK PK $12.89 650725 CD-R,SPINDLE,TDK,100/PK PK $12.35 825190 CLIP,BINDER,MED,1.25IN,144/PK PK $3.79 825182 CLIP,BINDER,SM,3/41N,144/PK PK $1.66 308239 CLIP,PAPER,JMB,SMTH,OD,10PK PK $2.10 308114 CLIP,PAPER,NSKID,OD,JMB,10PK PK $2.10 143197 COVER,DOCUMENT,6CT,NAVY PK $2.79 143162 COVER,DOCUMENT,6PK,BLACK PK $2.79 698878 COVER,PORTFOLI0,1I.75X9.5,DBLU BX $3.29 698860 COVER,PORTFOLI0,1I.75X9.5,RED BX $3.29 326901 CRREEAMER,COFFEEMATE,50CT,FR BX $3.69 AN 326921 CREAM ER,COFFEEMATE,50CT,REG BX $3.69 223970 CUP,40Z,CONE,WATER,200PK,WHT PK $1.83 724461 CUP,HOT,PERFECTOUCH,120Z,25/SL PK $2.14 574698 DIVIDER,A-Z,OD,LEATHER,BLACK ST $0.92 553904 DIVIDER,LEGAL,1-25.1/SET,WHT ST $1.03 553848 DIVIDER,LEGAL,A-Z,1 SET,WHITE ST $1.03 110154 DIVIDER,TABBING,PRINT,80SETS PK $1.91 569502 DRIVE,USB,4GB,TWIST TURN EA $4.90 158265 DVD-R,SPINDLE,TDK,100/PK PK $14.76 348201 ENVELOPE,#10,24.LB,WHT,500BX BX $16.61 633888 ENVELOPE,#10,PLN,24#,500CT,WHT BX $4.81 634000 ENVELOPE,#10,WIN,24#,500CT,WHT BX $6.89 560941 ENVELOPE,CD,50PK,WHITE PK $1.17 330920 ENVELOPE,CLASP,10X15,100BX BX $5.69 330840 ENVELOPE,CLASP,28LB,#93,100BX BX $4.39 330888 ENVELOPE,CLASP,28LB,#97,100BX BX $4.79 341081 ENVELOPE,CLASP,9X12,BRN,100/BX BX $4.41 330744 ENVELOPE,CLASP,KRAFT,6X9,100BX BX $2.99 330808 ENVELOPE,CLSP,RCYCL,9X12,100BX BX $3.85 844803 ENVELOPE,INTEROFFICE,10x13,100 BX $7.99 307512 ERASER,DRY ERASE,EXPO EA $1.19 402139 FILE,STOR,LTR/LGL,ECON0,12/CT CT $11.04 940379 FILE,STORAGE,I0.5X4.5X24L EA $5.19 940411 FILE,STORAGE,6X9.5X23.25 EA $5.19 307959 FOLDER,CLASS,LETTER,2DIV EA $0.79 304571 FOLDER,CLASS,LTR,2/5 1DIV,MLA BX $7.90 500181 FOLDER,CLASS,LTR,2/5,1 DIV,GRN EA $0.79 488684 FOLDER,CLASS,LTR,2/5,2-DIV,GRN EA $0.91 803734 FOLDER,CLASS,LTR,2D1V,5PK,BLUE PK $4.34 919617 FOLDER,CLSF,1-DIV,LTR,4PRT,RED EA $0.79 210617 FOLDER,ENDTAB,LTR,100BX,MNLA BX $6.97 EXECUTION COPY 315630 FOLDER,FILE,LGL,1/3 CUT,MAN BX $5.69 207126 FOLDER,FSTR,LTR,1/3CT,50BX,MNA BX " $9.86 810945 FOLDER,HNG,LGL,1/3CUT,25BX,GRN BX . $4.37 811018 FOLDER,HNG,LGL,1/5CUT,25BX,GRNBX $4.17 810929 FOLDER,HNG,LTR,1/3CUT,25BX,GRN BX $3.42 810994 FOLDER,HNG,LTR,1/5CUT,25BX,GRN BX $3:14 810846 FOLDER,LGL,1/3CUT,100BX,MANILA BX $4.92 102236 FOLDER,LGL,2 FASTENERS,I1PT BX - $11.43 937649 FOLDER,LGL,2PLY,MANILA. BX _$9.98 810838 FOLDER,LTR,1/3CUT,100BX,MANILA BX .$3.61 315515 FOLDER,LTR,1/3CUT,100BX,MANILA BX $4.56 316471 FOLDER,REINF TB,LTR,100BX,MNLA BX $6.53 936195 FOLDERS,CLASS,4SEC,LTR,RD/BN EA $2.03 524017 FRAM E,DELUXE,WOOD,11"X8.5" EA $2.25 490304 FRAM E,DOC,PLST,8.5X 11,CRAN/BLK EA $2.79 990361 FRAM E,DOC,VE N ICE,8.5X11,MAH/BK EA $4.09 451225 FRAME,DOCU,8.5X11,GLOSS,BLACK EA $2.51 430074 FRAME,DOCUMENT,3PK,8.5X11,BLK PK $2.69 450073 HAND SANTZR,INSTANT,80Z,PUMP EA $2.80 525072 HIGHLIGHTER,ACCENT,12/PK,YLW DZ :$6.99 203174 HIGHLIGHTER,MAJ ACC,YEL,DOZ DZ $4.19 708586 HIGHLIGHTER,MAJ ACCENT,ASTD,DZ DZ` $4:19 470211 INDEX,11X8.5,1-15TAB,MULTICLR s ST $1.45.- 440520 INK CARTRIDGE,96,BLACK,HP EA _ $28.19 440288 INK CARTRIDGE,BLACK,94,HP .` EA $19.85. 440480 INK CARTRIDGE,TRICOLOR,95,HP EA $23.29 440648 INK CARTRIDGE,TRICOLOR,97,HP EA • $32.09 115743 INK,HP 45A,TWIN PACK,BLACK - _ PK $56.58 ' 450390 Ink,HP 60,Black EA $12.39 840908 INK,HP 74,BLACK EA $12.49 842133 INK,HP 74XL,HIGH YIELD,BLACK EA- ' $33.30 715395 INK,HP 920,BLACK EA $16.35 824690 INK,HP 940,BLACK EA' $21.29 112999 INK,HP 96,TWIN PACK,BLACK PK $53.79 961679 INK,HP 96/97,COMBO,BLACK/COLOR PK $59.59. 108687 INK,HP 97,TWIN PACK,TRI-COLOR PK -$65.09 108540 INK,HP 98,TWIN PACK,BLACK .. PK $37.39 333036 KLEENEX,FACIAL TISSUE,BUNDLE PK $5.41 612011 LABEL,ADDR,OD,LSR,3000CT,WHITE PK - $3.76 364364 LABEL,LSR,ADDR,WHT,3000CT ' BX $14.99 916460 LABEL,LSR,ADDR,WHT,750CT PK= $4.49 753313 LABEL,SHIPPING,RL,2.5X4 RL $10.45 108951 LAMP,ENX,APOLLO EA $11.90 422469 LYSOL SPRAY,FRESH SCENT,190Z EA ' $5.65 654521 LYSOL SPRAY,LINEN SCENT,190Z EA $5.65 525000 MARKER,PERM,SHARPI,FN,I2PK,BLK DZ $11:39 451898 MARKER,PERM,UFINE,SHARP,DZ,BLK: DZ $5.49 203349 MARKER,SHARPIE,FINE,DZ,BLACK DZ $5.49 EXECUTION COPY 203356 MARKER,SHARPIE,FINE,DZ,RED DZ $5.49 162370 MONEY/RENT RECEIPT BK 2PT EA $0.89 162354 MONEY/RENT RECEIPT BK 3PT EA $2.77 436857 MONEY/RENT RECEIPT SPIRAL EA $2.52 869832 MRKR,EXPO2,DE,CHSL PT,4PK,ASTD PK $4.19 204164 MRKR,SET,D/ERS,8CLR ST $5.47 172510 NOTE,CANARY,YELLOW,3x3,12PACK PK $7.49 442306 NOTE,OD,I.5"X2",12PK,YELLOW PK $0.23 442369 NOTE,OD,3"X 3",18/PK,ASTD PK $0.90 420994 NOTE,OD,3"X 3",18/PK,YELLOW PK $0.86 443296 NOTE,OD,3'7C5",12PK,YELLOW PK $0.95 504808 NOTE,PST-IT,SSTCKY,4X6,5PK,YEL PK $6.79 843877 NOTES,POPUP,OD,12PK,BRIGHT PK $1.09 422588 NOTES,SELF STICK,RCY,I8PK,YLW PK $0.95 843796 NOTES,SELF-STICK,OD,12PK,DEEP PK $0.98 717061 PAD,FINGERPRINT,(1000 PRINTS) EA $2.42 534904 PAD,GLUETOP,5X8,50 SHT,DZ,WHT DZ $1.87 268091 PAD,GUM,8.5X11,OD,WHT,LGL RLD DZ $3.77 480675 PAD,OD GRN,LTTR,6PK,8.5X11,WHT PK $2.41 307397 PAD,PERF,5X8,CAN,LGL,RLD,12PK DZ $1.87 306902 PAD,PERF,5X8,LGL,WHT,RLD,12PK DZ $1.87 305706 PAD,PERF,8.5X11,OD,12PK,LGL RL DZ $3.99 305466 PAD,PERF,8.5X11,OD,LGL RLD,12P . DZ $3.99 307389 PAD,STENO,6X9,GREGG,DOZ,70SHT DZ $4.09 108862 PAPER ROLL,2-1/4X130,SNGL PLY PK • $2.35 420935 PAPER,ASTRO,LTR,SLR YEL RM $5.49 727641 PAPER,COLOR COPY,11",8RM CA $43.68 343454 PAPER,COLOR,COPY,8.5x11,28# RM $5.69 813212 PAPER,COMP,14-7/8X11,GREEN BAR CA $19.21 345637 PAPER,COPIER,20#,LTR,BLU,500SH RM $3.69 478156 PAPER,COPY,500-CT,8.5X11,LILAC RM $3.69 348037 PAPER,COPY,8.5X11,104 BRT,BOND CA $26.99 345645 PAPER,COPY,8.5X11,5M/CT,GRN RM $3.69 345686 PAPER,COPY,8.5X1I,GRD,5M/CT RM $3.69 345652 PAPER,COPY,8.5X1I,PNK,5M/CT RM $3.69 345660 PAPER,COPY,8.5X1I,YEL,5M/CT RM $3.69 675041 PAPER,COPY,ASTRO,LUNAR BLUE RM $5.49 CA 940650 PAPER,CPY,RCY,8.5X11,20#,104BR $29.99 EXECUTION COPY 347005 PAPER,HAMM,TIDAL,11",20#,WHITE CA $30.99 255888 PAPER,LASER PRINT,3 HP, HITE RM W $4.99 401331 PAPER,LASER PRINT,8.5X1I,24,WE RM $4.29 680017 PAPER,LTR,20#,RECY,MULTI CA $34.99 536640 PAPER,MP,OD,8.5X11,10/CA, HT CA W $29.99 940593 PAPER,MU LTIPURP,11",20#,108 BR CA $29.99 109282 PAPER,THRML,3-1/8X230,OD,10PK PK $7.99 181594 PEN,BALL PT,MEDIUM,STICK,BLK DZ $1.08 181578 PEN,BALL PT,MEDIUM,STICK,BLUE DZ $1.08 256771 PEN,BLPT,C-MATE,RETR,MED,BLACK DZ $4.39 256791 PEN,BLPT,C-MATE,RETR,MED,BLUE DZ $4.39 524912 PEN,BP,RT,MED,FLXGRIP,12PK,BLK DZ $5.79 524928 PEN,BP,RT,MED,FLXGRIP,12PK,BLU DZ $5.79 811950 PEN,CLIC,STIC,BIC,BLACK DZ $2.71 182733 PEN,FLAIR,W/POINTGUARD,DZ,RED DZ $8.29 525120 PEN,GEL,RT,UNI-BALL,7MM,DZ,BLU DZ $9.99 112220 PEN,GRIP/ROUND STIC,DOZ,BLACK DZ $1.10 112266 PEN,GRIP/ROUND STIC,DOZ,BLUE DZ $1.10 479608 PEN,RET,BP,1.0MM,12/PK,BLK DZ $1.37 479560 PEN,RET,BP,1.0MM,12/PK,BLUE DZ $1.37 790761 PEN,RETRACT,G-2,BK,FN DZ $8.19 790801 PEN,RETRACT,G-2,FN,BLUE DZ $8.19 152320 PEN,RETRACTABLE,MED,DZ,BLACK DZ $7.83 234200 PEN,RT,SOFT GRIP,12PK,BLUE PK $2.30 733601 PENCIL,#2,OD,72/BX BX $2.79 956961 POCKET,END TB,3.5EXP,LGL,RD RP EA $1.01 917281 POCKET,FILE,LETTER,5.25"CAP BX $4.78 808584 POCKET,FILE,LGL,5.25IN,STRT,RR BX $5.63 371761 POCKET,FI LE,LTR,3.5,EXP EA $1.20 937979 POCKET,LGL,MLA,STRCUT,DBL EA $1.06 681114 PORTFOLIO,2PKT,3PRONGASST EA $013 COLORS 809939 POST-IT,PAD,12/PK,1.5X2,ASTD PK $3.49 285621 POST-IT,POP UP,LN,3X3,6PK,YEL PK $4.29 535704 POUCH,LAMINATING,LETTER SIZE PK $2.42 393122 PPR,MULTIPURPOSE,96BRIGHT,#24 RM $4.09 207779 PRINT CARTRIDGE,FAX,PC201 EA $18.99 498831 PROTECT,SHT,OD,HVY,NGL,50/BOX BX $1.59 514510 PURELL,OCEANMIST,80Z,BLUE EA $2.78 513088 REEL,CARD,ID,2/PK PK $0.39 411033 REFILL,PAD,POP N JOT,I2PK PK $7.99 480061 RIBBON,ML100,SERIES/320/321 EA $7.49 909663 RUBBERBAND,SIZE 19,1LB BX $2.99 EXECUTION COPY 625966 SANITIZER,HND,PURL,I000ML EA $8.29 375675 SCISSORS,FSK,STRT,LH/RH,B",ORN PR $2.63 908996 SHARPENER,PENCIL,MODEL,KS EA $6.19 593095 SOAP,LIQUID,GALLON,SOFTSOAP GA $8.92 221051 STAPLE,1/4",15-25 SHT,5000BX BX $1.47 908194 STAPLER,DESK,STD,FULL,BLACK EA $4.12 908210 STAPLER,ECON,FULL STRIP,BLACK EA $2.39 549014 STAPLER,ELECTRIC,BLACK EA $18.62 432255 STAPLES,STANDARD,5 PACK PK $1.65 575341 TAPE,ACITAPE,.75X1296",OD,10PK PK $2.25 479596 TAPE,BLACK ON WHITE,2PK EA $11.89 576481 TAPE,CORRECTION,2PK,WHITE PK $0.87 699459 TAPE,CORRECTION,6PK,ASTD PK $3.19 254089 TAPE,CORRECTION,LP DRYLINE,2PK PK $2.89 166702 TAPE,CORRECTION,MONO EA $1.15 369589 TAPE,CORRECTION,MONO PK $4.27 RETR0,4PK 419907 TAPE,CORRECTION,MON0,2PK,WHITE PK $2.26 473576 TAPE,INVISIBLE,3/4"X1296",PK16 PK $3.61 520928 TAPE,INVISIBLE,3/4X1000,10/PK PK $2.14 277294 TAPE,LABELER,BLK ON WHT,1/2IN EA $4.15 239400 TAPE,LETTERING,.5",BLACK/WHITE EA $6.45 239384 TAPE,LETTERING,PT340/PT540 EA $7.89 301366 TAPE,MASKING,1"X60 YDS,3M EA $3.39 489461 TAPE,MGC,SCTH,3/4"X1000",10PK PK $12.99 547174 TAPE,PACKING,TRANSPARENT,4PK PK $11.99 432847 TONER,IOA,SMART PRINT EA $124.99 463865 TONER,HP 36A,BLACK EA $62.99 114756 TONER,HP 51A,LASERJET,BLACK EA $116.99 878270 TONER,HP CE505A,BLACK EA $70.99 970568 TONER,LASER,BROTHER TN350BLK EA $41.99 808256 TONER,LJ 2100 SERIES,96A EA $103.99 997541 TONER,MFC8300,TN430,STD EA $39.99 776184 TONER,Q5949A,HP,BLK EA $73.99 286934 TONER,ULTRA PRECISE,27X EA $131.99 656368 TOTE,FILE,LRG,LETTER/LEGAL,BLUE EA $4.22 564070 TYLENOL,EXTRA-STRENGTH,50/BOX BX $8.04 992289 WALLET,PART,6-PKT,I4.75X9.5,LL EA $2.22 405475 WIPES,CLOROX,75CT,LAVENDAR EA $4.87 821808 WIPES,DISINFECTANT,CLOROX EA $4.55 984560 WIPES,DISINFECTING,CLOROX EA $4.57 939760 WIPES,LYSOL SNTZNG,SPRNG,80CT EA $4.49 512112 WIPES,LYSOL,CITRUS SCENT,80CT EA $4.49