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Home My WebLink AboutC21271 Office Depot - Citywide Office SuppliesContract No.C21271 CITY OF PALM DESERT FINANCE DEPARTMENT STAFF REPORT REQUEST: APPROVAL OF EXTENSION OF CONTRACT FOR CITYWIDE OFFICE SUPPLIES DATE: AUGUST 26, 2004 CONTENTS: 1) OFFICE DEPOT AGREEMENT Recommendation: By Minute Motion, approve a one year extension to the Office Depot contract, with one possible one year extension. Background: On June 12, 2003 City Council awarded a one year contract to Office Depot with two possible one year extensions. The contract to supply city wide office supplies expired on June 12, 2004. In accordance with the contract, a one year extension is hereby requested to commence on July 1, 2004 and expire on July 1, 2005. Staff recommends that City Council approve a one year extension to the Office Depot contract with one possible one year extension. Submitted By: Paul S. Gibson, Director of Finance/City Treasurer Approval: Carlos L. Ortega, C. Manager PSG:dcl Attachments (1) G:1Finance\Diana Lea11Wpdocs\StoffReports1200410>fce Depot2.wpd AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this 12 day of June , 2003, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and Office Depot referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on July 11, 2002 the CITY awarded the contract for Citywide Office Supplies to Corporate Express. Due to Corporate Express failing to provide satisfactory service, contract was terminated and on June 12, 2003 it was recommended that Office Depot be awarded the contract for one year with two possible one year extensions. WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal, which was accepted by CITY for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: TERM. The term of this Agreement shall be from June 12, 2003 through June 12, 2004 with two possible one year extensions or to such later date as may be agreed in writing between parties. CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive compensation as set forth in the Contract Documents and adopted by the CITY. CONTRACTOR'S OBLIGATION. For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to furnish the services and to do everything required by this Agreement and the Specific Terms and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold harmless The City of Palm Desert, its officials, officers, employees, representatives, and agents, from and against all claims lawsuits, liabilities or damages of whatsoever nature arising out of our connection with, or relating in any manner to, any act or omission of CONTRACTOR, his agents, employees, and subcontractors and employees thereof in connection with the performance or non- 1 performance of this Agreement. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the City of Palm Desert, its official, officers, employees, agents, and representatives, as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by the CONTRACTOR and approved by the City Council of the CITY. (6) TERMINATION. (7) Either party may terminate the contract with 30 days written notice for any reason. INCORPORATED BY REFERENCE. The Notice Inviting Bids; General Terms and Conditions; Specifc Terms and Conditions; Bid Submission Form(s), Addendum Nos. ; Change Orders; additional or supplemental specifications, dra ing, maps or diagrams; and CITY issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. (8) COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. (9) ANTI -DISCRIMINATION. In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. .Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (10) AUDIT. CITY shall have the option of inspecting and/or auditing all records and other written material used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. 2 (11) NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 (12) LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (13) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. CITY OF PALM DESERT A icipal Cor. oration N BENN, MAYOR TY OF PALM DESERT, CALIFORNIA ATTEST: RAAHELLE KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY 3 CONTRACTOR TLAYtI ki 1 SY. VP okiz. 31ibt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ate of California ounty of LOS A e1es On 3:14.4 0 before me, N1�Ct1Qe\ \-\o», Nor% Date Name and Title of Offl (e.g., "Jane Doe, tary Public') personally appeared -ItUe•Trudnatskl MICHAEL I. HOLING Commission f 1329769 Notary Public - California Z L ?r► " Los Angeles County MI/Comm.mites Nov 12, 2005 - Place Notary Seal Above Name(s) of Signer(s) %personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instru Widommolt ITN otary Public OPTIONAL Signature of N Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ` (?� Title or Type of Document:"jj"� J� v ` C Y W L Document Date: '3uie- t-�tk , �V03 Number of` Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: awe_ ,YuanoWskl 0 Individual �) �L Corporate Officer — Title(s): S. V iC es:A91 t� Partner — 0 Limited 0 General Attorney in Fact Trustee Guardian or Conservator Other: ❑[1[7❑(I Signer Is Representing: ;�:c A;c. o c!cf .F "§,: u < ust :CK> e c:• 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827