Loading...
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 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 Te m p 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 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 EXECUTION COPY 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: 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 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. 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. 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: EXECUTION COPY 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 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. 'EX r.JAI% IQN 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 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 DI -�> EXECUTION COPY 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. 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.officedepot 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 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