HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-110Temp Reso # 12407
Page 1
September 24, 2013
Revision 1 -- September 30, 2013
CITY OF TAMARAC, FLORIDA -
RESOLUTION NO. R-2013//'!)'
-
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
#618-000-11-11 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
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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
Te m p Reso # 12407
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September 24, 2013
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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
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September 24, 2013
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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
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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
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September 24, 2013
Revision 1 -- September. 30, 2013
PASSED, ADOPTED AND APPROVED this !^"`"day of C/&Vxzeu 2013.
B ET H TA
MAYOR
ATTEST:
<N.,
PATRICIA TEUF
CITY CLERK
,CMC
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSEff
DIST 4: V/M. DRESSLER
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
e
MUEL S. GOREN
Y ATTORNEY
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AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
OFFICE DEPOT, INC.
THIS AGREEMENT is made and entered into this 18t" 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:
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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
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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 property damage
solely attributable to the gross negligence or willful misconduct of the City or its
elected or appointed officials and employees. The above provisions shall survive
the termination of this Agreement and shall pertain to any occurrence during the
term of this Agreement, even though the claim may be made after the termination
hereof.
7.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive indefinitely.
7.3 The Contractor shall pay all 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.
7.4 The City and Contractor recognize that various provisions of this Agreement,
including but not limited to this Section, provide for indemnification by the
Contractor and requires a specific consideration be given there for. The Parties
therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which
is hereby acknowledged, is the specific consideration for such indemnities, and
the providing of such indemnities is deemed to be part of the specifications with
respect to the services to be provided by Contractor. Furthermore, the City and
Contractor understand and agree that the covenants and representations relating
to this indemnification provision shall serve the term of this Agreement and
continue in full force and effect as to the City's and the Contractor's responsibility
to indemnify.
7.5 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.
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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
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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. 88th 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
sixty (60) days written notice to the City.
13) Public Records
13.1 The City of Tamarac is a public agency
Statutes. The Contractor shall comply with
Specifically, the Contractor shall:
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subject to Chapter 119, Florida
Florida's Public Records Law.
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
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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.
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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
0
CITY
Beth Talabisco, Mayor`
�v/rs'/r3
Date
Micnaei L.
Date
Date
Approved as to form and legal sufficiency:
n A , , , ,l A
Date
❑C
E
C
Sign to
rr� A 'al
Name - 'Prr J-q'-M
Title
Date
Reviewed
8V J4d
)rney
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CORPORATE ACKNOWLEDGEMENT
STATE OF t�'. k
COUNTY OF va
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.
signature of Notary Pub icl
State of F4orida-at Large
4,
I �r I - (ji 4�� A .1 " j (L -
Print, Type or Stamp
Name of Notary Public
Personally known to me. or
Produced Identification
Type of I.D. Produced
DID take an oath, or
DID NOT take an oath.
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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.officedepot com): Technology, Custom Printing, Breakroom
Supplies, Food and Beverage, Copy and Print Services, Promotional
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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.
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ATTACHMENTA-1
Sku
Item Description
U/M
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
BATTE RY,ALKALI N E, MAX,AA, 24/P K
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,12BX
BX
$8.28
718416
BATTERY,LITHIUM AAA,4PK
PK
$3.94
696526
BATTERY,SIZE AA,ALKALINE,24BOX
BX
$5.28
696542
BATTERY,SIZE C,ALKALI N E, 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
BIN DER, LASER, DATA, PRSBRD, BLU
EA
$3.34
729558
BINDER,OVERLAY,CLEAR, 1.5",WHT
EA
$1.27
729624
BIN DER, OVERLAY, CLEAR,2f',WHT
EA
$1.47
494146
BINDER, OVERLAY, CLEAR ,31%BLK
EA
$2.04
931576
BINDER, PRS,DRG,1lX8.5,1.5C,WHT
EA
$2.59
931584
BINDER, PRS, DRG,11 X8.5,2"C,WHT.
EA
$2.95
356774
BINDER,RR,VW,llX8.5,1.5",WHITE
EA
$1.68
882260
BINDER,VIEW,WJ,LT,LRR,1",BLK
EA
$1.80
729525
BI N DE R,VU E, 3RG,11 X8.5,1 "C,WHT
EA
$0.88
729640
BINDER,VUE,3RG,llX8.5,3"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, QU ICK/STR, LTR/LGL,4/CT
CT
$10.09
199570
BOX,STOR, ECON LETTER/LEG
CT
$17.07
911633
BOX,STORAGE, PLAS,44QT, PU RPLE
EA
$6.29
911642
BOX,STORAGE, PLASTIC,44QT, BLUE
EA
$6.29
486878
CARD, I N DEX, BLAN K,4X6,CAN,100PK
PK
$0.80
699850
CAR D, TI M E, F/PTR-4000
PK
$4.79
295223
CARTRIDGE,HP LJ Q7553A,BLACK
EA
$71.99
992280
CARTRIDGE, HP, LJ14250/4350
EA
$134.99
169771
CARTRIDGE, INK,BLK,51645A
EA
$28.97
352871
CARTRIDGE, INK,BLK,C4844A
EA
$30.69
419672
CARTRIDGE, INK, HP #56,13LACK
EA
$19.99
154605
CARTRIDGE, INK, HP#57,TRI-COLOR
EA
$31.99
172681
CARTRIDGE,INKJET,HP #78,TRICLR
EA
$30.69
986952
CARTRIDGE, I N KJ ET, H P 88 XL,
B LK
EA
$35.86
EXECUTION COPY
812808
CARTRIDGE, INKJET,HP 98,13LACK
EA
$19.89
154414
CARTRIDGE, LASER,Q2612A
EA
$62.99
319275
CARTRIDGE, LASERJET 4600,13LACK
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, BIN DER,SM,3/41NI144/PK
PK
$1.66
308239
CLIP,PAPER,JMB,SMTH,OD,10PK
PK
$2.10
308114
CLIP, PAPER, NSKID,QD,JMB,1OPK
PK
$2.10
143197
COVE R, DOCUMENT,6CT, NAVY
PK
$2.79
143162
COVER, DOCUMENT,6PK,BLACK
PK
$2.79
698878
COVER, PORTFOLIO, 1 1.75X9.5,DBLU
BX
$3.29
698860
COVER, PORTFOLIO, 1 1.75X9.5,RED
BX
$3.29
326901
CREAM ER,COFFEEMATE,50CT,FR
VAN
BX
$3.69
326921
CREAM ER,COFFEEMATE,50CT,REG
BX
$3.69
223970
CUP,40Z,CONE,WATER,20OPK,WHT
PK
$1.83
724461
CUP, HOT, PERFECTOUCH, 1 20Z125/SL
PK
$2.14
574698
DIVIDER,A-Z,OD,LEATHER, BLACK
ST
$0.92
553904
DIVIDER, LEGAL, 1-25,1 /S ET,WHT
ST
$1.03
553848
DIVIDER, LEGAL,A-Z,1 S ET,WH ITE
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,1 OX151100BX
BX
$5.69
330840
ENVELOPE, CLASP,28LB,#93,100BX
BX
$4.39
330888
ENVELOPE, CLASP,28LB,#97,100BX
BX
$4.79
341081
ENVELOPE,CLASPI9X121BRN1100/BX
BX
$4.41
330744
ENVELOPE,CLASP, KRAFT, 6X9,1 00 BX
BX
$2.99
330808
ENVELOPE,CLSP,RCYCLI9X121100BX
BX
$3.85
844803
ENVELOPE, INTEROFFICE, 10x131100
BX
$7.99
307512
E RAS E R, D RY E RAS E, EX PO
EA
$1.19
402139
FILE,STOR,LTR/LGL,ECONO,12/CT
CT
$11.04
940379
FILE,STORAGE,10.5X4.5X24L
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 1 DIV,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,2DIV,5PK,BLUE
PK
$4.34
919617
FOLDER,CLSF,1-DIV,LTR,4PRT,RED
EA
$0.79
210617
1 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, 50 BX, M NA
BX
$9.86
810945
FOLDER,HNG,LGL,1/3CUT,25BX,GRN
BX
$4.37
811018
FOLDER,HNG,LGL,1/5CUT,25BX,GRN
BX
$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,11 PT
BX
$11.43
937649
FOLDER, LGL,2PLY, MANILA.
BX
$9.98
810838
FOLDER, LTR,1/3CUT,100BX,MANILA
BX
$3.61
315515
FOLDER, LTR,I/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
FRAME, DELUXE,WOOD,11"X8.5"
EA
$2.25
490304
FRAME, DOC, PLST,8.5X11,CRAN/BLK
EA
$2.79
990361
FRAME, DOC,VENICE,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, I NSTANT, 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,11 X8.5,1-15TAB,MULTICLR
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, H P
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,BIack
EA
$12.39
840908
I N K, H P 74, B LACK
EA
$12.49
842133
INK,HP 74XL,HIGH YIELD,BLACK
EA
$33.30
715395
INK,HP 920, B LACK
EA
$16.35
824690
INK,HP 940, B LACK
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
LAM P, 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,12PK,BLK
DZ
$11.39
451898
MARKER, PERM, UFIN E,SHARP,DZ, BLK
DZ
$5.49
203349
MARKER, SHARPIE, FIN E,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,EXP02,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,1.5"X2",12PK,YELLOW
PK
$0.23
442369
NOTE,OD,3" X 3", 1 8/PK,ASTD
PK
$0.90
420994
NOTE,OD,3" X 3",18/PK,YELLOW
PK
$0.86
443296
NOTE, OD, 3"X5",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,18PK,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, 1 2PK
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 ILILAC
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, 8.5X11,GRD,5M/CT
RM
$3.69
345652
PAPER,COPY,8.5X11, PNK,5M/CT
RM
$3.69
345660
PAPER,COPY,8.5X11,YEL,5M/CT
RM
$3.69
675041
PAPER,COPY,ASTRO,LUNAR BLUE
RM
$5.49
940650
PAPER,CPY, RCY,8.5X11,20#,104BR
CA
$29 99
EXECUTION COPY
347005
PAPER, HAMM,TIDAL,11",20#,WHITE
CA
$30.99
255888
PAPER,LASER PRINT,3 HP,WHITE
RM
$4.99
401331
PAPER,LASER PRINT,8.5X11,24,WE
RM
$4.29
680017
PAPER,LTR,20#,RECY,MULTI
CA
$34.99
536640
PAPER,MP,OD,8.5 X11,10/CA,WHT
CA
$29.99
940593
PAPER,MULTIPURP,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,I2PK,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,I.OMM,12/PK, BLK
DZ
$1.37
479560
PEN,RET,BP,1.OMM,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, M ED, DZ, BLACK
DZ
$7.83
234200
PEN,RT,SOFT GRIP,I2PK,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, FILE, LTR,3.5, EXP
EA
$1.20
937979
POCKET, LGL, M LA, STRCUT, DBL
EA
$1.06
681114
PORTFOLIO,2PKT,3PRONG,ASST
COLORS
EA
$0.13
809939
POST -IT, PAD, 1 2/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,12PK
PK
$7.99
480061
RIBBON, ML100,SERIES/320/321
EA
$7.49
909663
1 RUBBERBAND,SIZE
19,1
LB
BX
$2.99
EXECUTION COPY
625966
SANITIZER,HND,PURL, 1000ML
EA
$8.29
375675
SCISSORS, FSK,STRT,LH/RH,811,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
RETRO,4PK
PK
$ 4.27
419907
TAPE,CORRECTION,MONO,2PK,WHITE
PK
$2.26
473576
TAPE,INVISIBLE,3/41PX129611,PK16
PK
$3.61
520928
TAPE,INVISIBLE,3/4X1000,10/PK
PK
$2.14
277294
TAPE, LABELER, BLK ON WHT,1/21N
EA
$4.15
239400
TAPE,LETTERING,.5",BLACK/WHITE
EA
$6.45
239384
TAPE, LETTERING,PT340/PT540
EA
$7.89
301366
TAP E, MAS KI N G,1 "X60 Y DS, 3 M
EA
$3.39
489461
TAPE, MGC,SCTH,3/4"X1000",10PK
PK
$12.99
547174
TAPE, PACKING,TRANSPARENT,4PK
PK
$11.99
432847
TONER,10A,SMART PRINT
EA
$124.99
463865
TO N E R, H P 36A, B LACK
EA
$62.99
114756
TONER,HP 51A, LASERJET, BLACK
EA
$116.99
878270
TON ER, H P CE505A, BLACK
EA
$70.99
970568
TONER, LASER, BROTHER TN350BLK
EA
$41.99
808256
TONER,LJ 2100 SERIES,96A
EA
$103.99
997541
TON E R, M FC8300, TN430, STD
EA
$39.99
776184
TO N E R, Q5949A, H P, B L K
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,14.75X9.51 LL
EA
$2.22
405475
WI PES,CLOROX, 75CT, LAVE N DAR
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