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C31280 Citywide General Office Supplies
CITY OF PALM DESERT FINANCE DEPARTMENT STAFF REPORT REQUEST: APPROVAL OF CONTRACT NO. C 31280 WITH OFFICE DEPOT FOR CITYWIDE GENERAL OFFICE SUPPLIES DATE: OCTOBER 27, 2011 CONTENTS: AGREEMENT REQUEST FOR PROPOSALS Recommendation By Minute Motion, that the City Council approve Contract No. C 31280 with Office Depot for a one-year contract effective October 27, 2011, with two possible one year extensions. Background A Notice Inviting Bids for city-wide office supplies was publicized in the Desert Sun newspaper on September 7 and September 14, 2011, and was posted on our website at www.cityofpalmdesert.org for the duration of the acceptance period. The deadline to submit a bid was September 23, 2011. RFPs were transmitted to the following companies who had previously expressed interest in submitting a bid: • Office Depot (Store in La Quinta, CA) • OfficeMax (Store in Palm Desert, CA) • Staples (Store in Palm Desert, CA) • CDS Office Supplies (Warehouse in Thousand Palms, CA) • The Very Last Word ( Supplier in Milpitas, CA) Bids were opened in the City Clerk's office at 2:00 p.m. on June 5, 2009. Office Depot was the sole bid submitted. In a follow-up with other companies, Staples and CDS indicated it could not compete with the prices in place through Office Depot, our current supplier. OfficeMax stated they were not able to put a competitive bid together before the deadline. The Very Last Word informed staff that they are a reseller who currently purchase wholesale items from Office Depot at similar prices to those in place at the City, and would not be able to offer competitive pricing. Staff Report Award of Contract for general office supplies to Office Depot October 27, 2011 Page 2 of 2 Staff recommends awarding the bid for General Office Supplies to Office Depot for a period of one year with the option to extend the contract for two additional one-year terms. Fiscal Impact The bid submitted by Office Depot is identical to pricing already received through the current contract. There is no additional savings; however, contracting with Office Depot secures the low prices for an additional term, and as stated by the other vendors contacted, already offers extremely competitive pricing. Submitted By: -'1 Paul S. Gibson, Director of Finance Approval: ri M. Wohlmuth, City Manager PSG:nmo CITY COUNCIL ACTION APPIMVEI) ✓ DENIED RECEIVED OTHER MEETING DATE, -,a 9 AYES: r NOES: 4UAf ABSENT: �_'Pe ABSTAIN:- t� VERIFIED BY: Original on File with City Clerk's Office G.IFINANCEINIAMH ORTEGAISTAFF REPORTSIANNUAL SUPPLY CONTRACTS & STAFF REPORTSIOFFICE SUPPLIES 102711.DOCX CONTRACT NO. C 31280 AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert effective as of the 27t" day of October 2011 by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and OFFICE DEPOT, INC., a Delaware corporation, referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on October 27, 2011 it was recommended that CONTRACTOR be awarded the contract for one year with two possible one year extensions; and 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: (1) TERM. The term of this Agreement shall be from October 27, 2011 through October 26, 2012 ("Initial Term") with two possible one year extensions or to such later date as may be agreed in writing between parties. In the event the CITY desires to exercise its right to extend the term of this Agreement, the CITY shall deliver written notice thereof to CONTRACTOR no later than sixty (60) days prior to the expiration of the then current term. Other than pricing, all terms and conditions of this Agreement shall remain in full force and effect during any extension term. (2) CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive compensation as follows: (a) Core List Pricing. CONTRACTOR agrees to supply to CITY those office products and services as set forth in Exhibit A 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 the Initial Term. In the event CITY exercises its right to extend the term of this Agreement, Core List pricing will be updated accordingly. Pricing for paper and toner/ink items on the Core List will fluctuate with market conditions, provided CONTRACTOR gives CITY at least thirty (30) days written notice before any paper or toner/ink price increase takes effect. Upon request, CONTRACTOR shall provide CITY with manufacturer documentation to verify that paper and toner/ink price adjustments are being appropriately passed through to CITY. The parties may update the Core List from time to time and as provided in this section by mutual agreement (including e- mail). Page 1 CONTRACT NO. C 31280 (b) BSD Catalog Pricing. Items not on the Core List ("Non -Core Items") but identified in the printed Office Depot Business Solutions Division catalog ("BSD Catalog") in circulation at the time of the order will be priced at a maximum discount of 60% off list price, exclusive of bulk pricing discounts or other specials. BSD Catalog pricing will be updated each calendar quarter. Notwithstanding anything herein to the contrary, products in the following categories (as such categories are identified on www.officedepot.com) may be priced at the price set forth on www.officedepot.com at the time of the order: Technology, Custom Printing, Breakroom Supplies, Food and Beverage, Document and Copy Services, Promotional Products, and Warranties. Products may be discontinued at any time, without notice to CITY. (c) All Other Non -Core Items. Non -Core Items that are not identified in the BSD Catalog shall not be subject to the discounts set forth in this Section 2 and will be priced as mutually agreed to by the parties. (d) Pricing Adjustments. Notwithstanding any other provision of this Agreement, prices are subject to adjustment at any time during the Initial Term or any renewal term in the event of significant demonstrable increases in costs to CONTRACTOR resulting from changes in market conditions, stock availability, energy/utility costs and unanticipated supply chain costs. CONTRACTOR shall provide CITY with all reasonably requested documentation as necessary to verify any price increases. (3) 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. Each party (the "Indemnifying Party") agrees to defend, indemnify, and hold harmless the other party ("Indemnified Party"), its officials, officers, employees, representatives, and agents, from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of the connection with, or relating in any manner to, any negligent act or omission of Indemnifying Party, his agents and employees thereof in connection with the performance or non- performance of this Agreement. The Indemnifying Party shall thoroughly investigate any and all claims and indemnify the Indemnified Party and do whatever is reasonably necessary to protect the Indemnified Party, its officials, 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. Page 2 CONTRACT NO. C 31280 (6) TERMINATION. Either party may terminate this Agreement with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE. The Notice Inviting Bids; General Terms and Conditions; Specific Terms and Conditions; Bid Submission Form(s), additional or supplemental specifications, 73510 FRED WARINGawing, 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 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, at its sole cost and expense, of inspecting and/or auditing all non -confidential and non-proprietary records and other written material pertaining to the CITY's account and used by CONTRACTOR in preparing its statements to CITY. Audits shall be performed at mutually acceptable times and places, not to exceed one time per year, and shall only be conducted until that date that is one (1) year following termination of this Agreement. No third -party auditors shall be permitted. (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, reputable overnight courier service; ad73510 FRED WARINGessed as follows: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring 73510 FRED WARINGive Palm Desert, CA 92260 Page 3 CONTRACT NO. C 31280 If to Contractor: Office Depot, Inc. 6700 Automall Parkway Fremont, CA 94538 Attn: Patrick H. Welch, Regional Vice President With a copy to: Office Depot, Inc. 6600 North Military Trail Boca Raton, FL 33496 Attn: Office of the General Counsel (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. (14) CONFIDENTIALITY. In the performance of or otherwise in connection with this Agreement, one party ("Discloser") may disclose to the other party ("Recipient") certain Confidential Information of the Discloser. "Confidential Information" as used in this Agreement shall mean all information obtained by the Recipient from the Discloser that is not generally known to the public and that a reasonable business person would deem confidential. The Recipient will treat such Confidential Information as confidential and proprietary of the Discloser and during and after the Term will: (a) use the Confidential Information of the Discloser solely for the purposes set forth in this Agreement; (b) take suitable precautions and measures to maintain the confidentiality of the Confidential Information of the Discloser; and (c) not disclose or otherwise furnish the Confidential Information of the Discloser to any third party other than employees or independent contractors of the Recipient who have a need to know the Confidential Information to perform its obligations under this Agreement, provided such employees or independent contractors are obligated to maintain the confidentiality of the Confidential Information. The obligations under this Section will not apply to any: (a) approved use or approved disclosure of any information pursuant to the exercise of the Discloser's rights under this Agreement; (b) information that is now or hereafter becomes generally known or available to the public other than through a violation of this Agreement; (c) information that is obtained by the Recipient from a third party (other than in connection with this Agreement) who was not under any obligation of secrecy or confidentiality with respect to Page 4 CONTRACT NO. C 31280 such information; (d) information that is independently developed by the Recipient without reference to any Confidential Information; (e) any disclosure required by applicable law or court order, provided that the Recipient will use reasonable efforts to give advance notice to and cooperate with the Discloser in connection with any such disclosure, and provided further that the Recipient shall limit such disclosure to only that information that is required to be disclosed; and (f) any disclosure made with the explicit consent of the Discloser. The Recipient shall promptly return to the Discloser all copies of any Confidential Information of the Discloser in its possession or control upon request, or in any event, upon any termination or expiration of the Term. (15) ASSIGNMENT. Neither party shall assign this Agreement without the prior written agreement of the other party. (16) LIMITATION OF LIABILITY. Except for any claim for indemnification, in no event shall either party be liable for consequential, special, indirect or incidental damages, including but not limited to any damages resulting from loss of use or profits arising out of or in connection with this Agreement, whether in an action based on contract, tort (including negligence) or any other legal theory, even if the party has been advised of the possibility of such damages. (17) FORCE MAJEURE. Neither party to this Agreement shall be considered in default in the performance of its obligations to the extent that the performance of any such obligation is prevented or delayed by any cause which is beyond the reasonable control of such party. (18) NEGOTIATION. Mediation and Non -Binding Alternative Dispute Resolutions are Favored, Each party commits that in the event a dispute should arise under this Agreement or relating in any manner hereto, the parties shall first endeavor to resolve their dispute by good faith negotiations between or among the parties. If the parties are unable to resolve their dispute, then the matter shall be reviewed by a senior level executive of each party. In the event these senior officers are unable to resolve the matter, the parties agree to attempt to mediate their dispute within thirty (30) days after the dispute initially arose, using a third party mediator. All mediation proceedings shall be confidential, and no information exchanged in such mediation shall be discoverable or admissible in any litigation involving the parties. The costs of such mediation shall be equally divided between the parties. If such mediation is unsuccessful, then either party shall have the right to initiate litigation. (19) PAYMENT/CREDIT TERMS. Invoices are due thirty (30) days from the date of invoice, and invoices not paid within thirty (30) days shall bear interest at the rate of 1.5% per month or the maximum amount allowed under law, from the due date of the invoice. CITY's credit limit shall be established by CONTRACTOR's Credit Department. CONTRACTOR reserves the right to Page 5 CONTRACT NO. C 31280 lower CITY's credit limit or refuse to ship any orders if at any time; (1) CITY is delinquent in making payments to CONTRACTOR or is otherwise in breach of this Agreement or (2) in CONTRACTOR's reasonable opinion, CITY's credit standing becomes impaired or reasonably unsatisfactory to CONTRACTOR. (20) DELIVERY. The pricing set forth in this Agreement includes dock and/or mailroom delivery. Additional freight charges may apply for items exceeding 70 lbs. in weight and/or 110" in length/width, furniture, Hawaii, Alaska and Puerto Rico orders, special orders and/or rush deliveries. (21) CITY LOCATIONS. CITY locations to which this Agreement applies are set forth in Exhibit B attached hereto, which may be revised from time to time upon mutual written agreement of the parties. CITY will notify CONTRACTOR and work closely with its assigned account representative to provide appropriate contacts at CITY locations in order to implement this Agreement. (22) DISCONTINUED PRODUCTS. In the event an item that was initially offered under this Agreement is discontinued by CONTRACTOR or its supplier, CONTRACTOR will use commercially reasonable efforts to provide an acceptable alternative product to CITY at a similar discount off of list price. The parties may update the Core List from time to time to ad73510 FRED WARINGess discontinued items upon mutual agreement (including e-mail). (23) MANUFACTURER WARRANTIES AND RETURN POLICY. CONTRACTOR will pass through to CITY all manufacturer -supplied end user warranties on all products sourced to CITY pursuant to this Agreement. In addition, CONTRACTOR further agrees that in the event any in -stock product (non - special order) performs in a manner unsatisfactory to CITY within thirty (30) days of delivery, CITY may return same in its original packaging and will receive full credit against CITY's next invoice for the amount of such return. (24) CHOICE OF LAW. This Agreement shall be construed and governed in accordance with the laws of the State of California, without regard to conflict of laws principles. (25) WAIVER. The waiver by either party of a breach or a default of any provision of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or any other provision. (26) COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. (27) SEVERABILITY. If any provision of this Agreement is held invalid or unenforceable, the balance of this Agreement shall remain in effect. Page 6 CONTRACT NO. C 31280 (28) SURVIVAL. Unless otherwise specified herein, all terms of this Agreement which by their nature extend beyond its termination, remain in effect until fulfilled, and apply to respective successors and assigns. 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 Municipal Corporation JEAN M. BENSON, MAYOR ATTEST: OFFICE DEPOT, INC. a Delaware corporation Signature —Authorized Representative Name & Title — Authorized Representative RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 7 CONTRACT NO. C 31280 Exhibit A Pricing ITEM NO. Mahufacturer Item No. BRAND ITEM DESCRIPTION OUST. UOM CURRENT' PRICE 256771 633-01 PAPERMATE PEN, COMFORTMATE, BK DZ 4.20 524912 88102/85580 PAPERMATE PEN, FLEXGRIP ELITE, BK DZ 6.49 524928 88104/85581 PAPERMATE PEN, FLEXGRIP ELITE, BE DZ 6.49 790761 31020 PILOT PEN, G2 MEDIUM, BK DZ 8.73 790801 31021 PILOT PEN, G2 MEDIUM, BE DZ 8.73 790841 31022 PILOT PEN, G2 MEDIUM, RD DZ 8.73 772141 77240 PILOT REFILL, G2 MEDIUM, BK, 2-PK PK 0.84 526587 77241 PILOT REFILL, G2 MEDIUM, BE, 2-PK PK 0.84 526596 PIL77242 PILOT REFILL, G2 MEDIUM, RD, 2-PK PK 2.21 120626 30000 PILOT PEN, BETTER, BK DZ 8.20 420869 30001 PILOT PEN, BETTER, BE DZ 8.20 447201 35001 SHARPIE PERM MARKER, XFINE, BK DZ 5.67 447334 35002 SHARPIE PERM MARKER, XFINE, RD DZ 5.67 447474 35003 SHARPIE PERM MARKER, XFINE, BE DZ 5.67 258361 35004 SHARPIE PERM MARKER, XFINE, GN DZ 5.67 203349 30001 SHARPIE PERM MARKER, FINE, BK DZ 5.22 203356 30002 SHARPIE PERM MARKER, FINE, RD DZ 5.22 451906 30003 SHARPIE PERM MARKER, FINE, BE DZ 5.22 742347 30004 SHARPIE PERM MARKER, FINE, GN DZ 8.29 196228 22725 PAPERMATE HIGHLIGHTER, PEN -STYLE, YW DZ 2.41 196183 22726 PAPERMATE HIGHLIGHTER, PEN -STYLE, GN DZ 2.41 196219 22709 PAPERMATE HIGHLIGHTER, PEN -STYLE, PK DZ 2.41 193093 22710 PAPERMATE HIGHLIGHTER, PEN -STYLE, BE DZ 2.41 181529 30301 PAPERMATE PENCIL, SHARPWRITER DZ 2.37 760513 52410 ZEBRA MECH PENCIL, Z-GRIP, 0.7 DZ 2.33 139608 BF05HB12 FORAY LEAD, REFILL, .5, 12/TUBE, PK OF 12 TUBES PK 2.57 139616 BF07HB12 FORAY LEAD, REFILL, .7, 12/TUBE, PK OF 12 TUBES PK 2.57 320960 SW135108 SWINGLINE STAPLES, STANDARD, FULL STRIP, 5,000/BX BX 1.22 156385 W21421 WILSON JONES SHEET PROTECTORS, ECON, 100/BX BX 4.79 498147 11536 AVERY 5 TAB DIRECT PRINT DIVIDERS, 4 SETS BX 7.43 496711 11537 AVERY 8 TAB DIRECT PRINT DVIDERS, 4 SETS PK 8.51 364364 5160 AVERY MAILING LABELS 5160, 3,000/BX BX 15.15 944272 5366 AVERY FILE FOLDER LABELS 5366, 1,500/BX BX 15.30 463620 5163 AVERY MAILING LABELS 5163 BX 15.61 308239 10004 OFFICE DEPOT JUMBO PAPER CLIPS, 10BX/PK PK 4.70 308478 10001 OFFICE DEPOT SMALL PAPER CLIPS, 100/BX, 10 BX/PK PK 1.47 429415 825182BX OFFICE DEPOT BINDER CLIPS, SMALL BX 0.31 825182 RTP-001936-HD-087-07 I OFFICE DEPOT BINDER CLIPS, SMALL, 144/PK (12 BXS OF 12) PK 2.70 429431 825190BX I OFFICE DEPOT BINDER CLIPS, MED BX 0.65 Page 8 CONTRACT NO. C 31280 ITEM NO, Manuf Gtprer, Item Nn. gRANI ITEM ©ESCRIPTION GUST, UOM CURRENT PRICE 825190 RTP-001948-HD-087-07 OFFICE DEPOT BINDER CLIPS, MED, 144/PK 12 BXS OF 12 PK 5.34 308957 RTP-001958-HD-087-07 OFFICE DEPOT BINDER CLIPS, LARGE BX 1.68 644060 3330-14-413 POST -IT POST ITS, 14 PADS, 3X3 PK 9.27 285621 R-335 POST -IT POST ITS, 6 PADS, POP UP, LINED PK 4.35 193259 630-6PK POST -IT POST ITS, RULED, 6 PADS PK 4.03 504808 660-5SSCY POST -IT POST ITS, RULED, 5 PADS PK 6.76 172460 653YW POST -IT POST ITS, 1.5 X 2,12 PADS PK 3.28 393770 680-RD12 POST -IT FLAGS, RED, 50/PK, 12PK/BOX BX 13.70 393870 680-SH12 POST -IT FLAGS, "SIGN HERE" 50/PK, 12PK/BX BX 15.79 750406 680-NZ2 POST -IT FLAGS, "NOTARIZE" 50, PK, 2-PK PK 2.72 108862 9074-0379 OFFICE DEPOT CALCULATOR TAPE, 12/PK PK 2.28 554035 9074-0385 OFFICE DEPOT CALCULATOR TAPE, 100/CTN CT 20.03 431195 DP-1000RF6 SCOTCH PACKAGING TAPE, 6PK PK 7.85 305289 81 OK24 SCOTCH MAGIC TAPE, 24 PK PK 30.30 598614 60OK24 SCOTCH TRANSPARENT TAPE, 24PK, 3/4" X 1,000" PK 25.49 166702 68620 TOMBOW CORRECTION TAPE, WHITE, EA 1.39 340840 87268 OFFICE DEPOT CORRECTION FLUID, WHITE DZ 4.60 535704 58003 OFFICE DEPOT LAMINATION POUCHES, 50/BX BX 7.14 571101 95306-OD SCHOLASTIC GLUESTICK, CLEAR, .32 OZ DZ 1.72 812295 EA4001W SCHOLASTIC GLUESTICK, CLEAR, 1.4 OZ EA 1.69 524405 99470-EA OFFICE DEPOT STENO PADS, 70 SHEETS/PD EA 0.71 306902 99422 OFFICE DEPOT WRITING PAD, 5X8, WHITE DZ 5.67 305466 99401 OFFICE DEPOT WRITING PAD, 8 1/2X11, WHITE DZ 8.65 223291 99419 OFFICE DEPOT WRITING PAD, 8 1/2X14, WHITE DZ 11.42 307397 99421 OFFICE DEPOT WRITING PAD, 5X8, CANARY DZ 5.67 305706 99400 OFFICE DEPOT WRITING PAD, 8X11, CANARY DZ 8.65 223111 99420 OFFICE DEPOT WRITING PAD, 8X14, CANARY DZ 11.42 420187 SC115450D OFFICE DEPOT PHONE MESSAGE BOOK 5/PK PK 5.18 760839 77000010364 TDK MICROCASSETTE TAPE, 6PK PK 9.99 245035 RR1303 ADVANTUS PHONE WIPES, 72/PK BX 18.99 345660 3R11053 XEROX 20LB. PAPER 8.5X11, CANARY RM 7.72 345645 3R11051 XEROX 20LB. PAPER 8.5X11, GREEN RM 7.72 345637 3R11050 XEROX 20LB. PAPER 8.5X11, BLUE RM 7.72 345652 3R11052 XEROX 20LB. PAPER 8.5X11, PINK RM 7.72 919519 3R11060 XEROX 20LB. PAPER 8.5X11, CHERRY RM 7.72 478123 31311058 XEROX 20LB. PAPER 8.5X11, SALMON RM 7.72 634008 77171 OFFICE DEPOT ENVELOPES W/WINDOW 500, #10 BX 12.31 633888 78125 OFFICE DEPOT ENVELOPES NO WINDOW, #10 BX 7.14 331000 77673 OFFICE DEPOT ENVELOPES (250/BOX)9 X 12 BX 10.12 331088 77688 OFFICE DEPOT ENVELOPES (250/BOX) 10X 13 BX 12.49 330920 77998 OFFICE DEPOT ENVELOPES 100/BOX 10 X 15 BX 7.64 942862 C0738 COLUMBIAN ENVELOPES 250/BOX 12 X 15.5 BX 48.70 878043 C0729 COLUMBIAN ENVELOPES 250/BOX 6X9 BX 6.44 Page 9 CONTRACT NO. C 31280 ITEM NO, Manufacturer Item No. 11 BRAND ITEM DESCRIPTION CU5T. UOM CURRENT PRICE 348151 C0880 COLUMBIAN ENVELOPES, INTERDEPT 100BX BX 18.99 937607 ET150L SMEAD MANILA FOLDERS (100BX), LETTER BX 9.66 937649 ET2-150C SMEAD MANILA FOLDERS (100BX), LEGAL BX 13.41 210617 935759 ET2-1501- 2K2403-1&3 SMEAD SMEAD MANILA FOLDERS 100BX), END TAB LTR PRESSBD FLDRS TOPTAB (25BX), LETTER 2" EXP BX BX 10.61 22.08 935767 2K2503-1&3 SMEAD PRESSBD FLDRS TOPTAB 25BX , LEGAL 2" EXP BX 27.17 935775 2K3403-1&3 SMEAD PRESSBD FLDRS TOPTAB 25BX , LTR 3" EXP bx 25.94 775435 13724 SMEAD PRSSBD CLASS FOLDER, RD, 1 DIV, LTR, 10/13X BX 13.83 768300 14024 SMEAD PRSSBD CLASS FOLDER, RD, 2 DIV, LTR, 10/13X BX 16.29 768265 14099 SMEAD PRSSBD CLASS FOLDER, RD, 3 DIV, LTR, 10/13X BX 23.16 768175 19023 SMEAD PRSSBD CLASS FOLDER, RD, 2 DIV, LGL, 10/BX BX 18.54 768140 19099 SMEAD PRSSBD CLASS FOLDER, RD, 3 DIV, LGL, 10/13X BX 26.43 775455 13723 SMEAD PRSSBD CLASS FOLDER, GRN, 1 DIV, LTR, 10/13X BX 13.83 768305 14023 SMEAD PRSSBD CLASS FOLDER, GRN, 2 DIV, LTR, 10/13X BX 16.29 768270 14093 SMEAD PRSSBD CLASS FOLDER, GRN, 3 DIV, LTR, 10/13X BX 23.16 768210 18722 SMEAD PRSSBD CLASS FOLDER, GRN, 1 DIV, LGL, 10/13X BX 16.11 768180 19022 SMEAD PRSSBD CLASS FOLDER, GRN, 2 DIV, LGL, 10/13X BX 768145 19093 SMEAD PRSSBD CLASS FOLDER, GRN, 3 DIV, LGL, 10/BX BX 26.43 26. Page 10 CONTRACT NO. C 31280 Exhibit B Customer Locations 1 CITY OF PALM DESERT 73510 FRED WARING PALM DESERT CA 92260 2 ADMIN SERVICES 73510 FRED WARING BLDG 2 PALM DESERT CA 92260 3 BUILDING & SAFETY 73510 FRED WARING BLDG 3 PALM DESERT CA 92260 4 BUSINESS SUPPORT 73510 FRED WARING BLDG 1 PALM DESERT CA 92260 5 CITY CLERK 73510 FRED WARING BLDG 2 PALM DESERT CA 92260 6 CITY COUNCIL 73510 FRED WARING BLDG 2 PALM DESERT CA 92260 7 CITY MANAGER 73510 FRED WARING BLDG 2 PALM DESERT CA 92260 8 CORP YARD 73510 FRED WARING BLDG 3 PALM DESERT CA 92260 9 HUMAN RESOURCES 73510 FRED WARING BLDG 1 PALM DESERT CA 92260 10 FINANCE 73510 FRED WARING BLDG 1 PALM DESERT CA 92260 11 PLANNING 73510 FRED WARING BLDG 3 PALM DESERT CA 92260 12 PUBLIC WORKS 73510 FRED WARING BLDG 3 PALM DESERT CA 92260 13 REDEVELOPMENT 73510 FRED WARING BLDG 1 PALM DESERT CA 92260 14 SPECIAL PROGRAMS 73510 FRED WARING BLDG 2 PALM DESERT CA 92260 15 SUPPLY ROOM 73510 FRED WARING BLDG 1 PALM DESERT CA 92260 16 VISITOR CENTER 73470 EL PASEO STE F7 PALM DESERT CA 92260 Page 11 SOLICITATION FOR SUBMISSION OF PROPOSALS FOR CITY-WIDE GENERAL OFFICE SUPPLIES City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Ext. 382 September 7, 2011 GAFinanceNamh Ortega\Bids\Office Supplies�2011\RFp Office supplies 08311 1 .DOcx TABLE OF CONTENTS Notice Inviting Sealed Proposals....................................................................................3 Instructions to Proposers................................................................................................4 GeneralInformation..................................................................................................4 Objective................................................................................................................... 4 BackgroundInformation............................................................................................4 SubmittalDeadline....................................................................................................4 ContactInformation...................................................................................................5 Criteria and Process for Selection............................................................................. 5 AdditionalInformation...............................................................................................6 ProposerInformation......................................................................................................7 ProposalQuestionnaire..................................................................................................8 BidSpecifications.........................................................................................................10 Page 2 NOTICE INVITING SEALED PROPOSALS PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert invites sealed proposals regarding CITY-WIDE GENERAL OFFICE SUPPLY PURCHASES and will receive such proposals until the hour of 2:00 p.m. on Friday the 23`d of September 2011. Proposals will be opened in the Office of the Finance Director, at which time an analysis of the proposals will be performed and a successful Proposer determined. Request for Proposal packets are available at City of Palm Desert, Finance Department, 73-510 Fred Waring Drive, Palm Desert, California 92260 and online at www.cityofpalmdesert.org. It is the responsibility of the Proposer to see that any bids sent through the mail have sufficient time to be in the hands of the City Clerk prior to bid closing date and time. The receiving time at City Hall will be the governing factor on acceptability of bids. Electronic, facsimile or telephone bids will not be accepted Bids must be prepared on the approved proposal forms and submitted in a sealed envelope plainly and clearly marked on the outside "SEALED BID FOR GENERAL OFFICE SUPPLY PURCHASES — DO NOT OPEN WITH REGULAR MAIL." Bids should be addressed to Niamh Ortega, Administrative Secretary - Finance, City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260. The complete proposal packet includes: 1) Proposer Information; 2) Proposal Questionnaire; and 3) Bid Specifications. All three forms must be fully completed and submitted for the proposal to be considered responsive. The City reserves the right to reject any or all bids, to waive any irregularity, to accept any bid or portion thereof, and to take all bids under advisement for a period of sixty (60) days. Requests for additional information should be directed to Niamh Ortega, Administrative Secretary, by e-mail at nortega@cityofpalmdesert.org. Dated this 7th day of September 2011. Page 3 RACHELLE KLASSEN, CITY CLERK CITY OF PALM DESERT INSTRUCTIONS TO PROPOSERS GENERAL INFORMATION The City of Palm Desert (the City) is currently soliciting bids for the purchase of general office supplies at its main office building, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California 92260, as well as off -site locations at the Corporation Yard, Palm Desert Visitor Center, Palm Desert Public Library, and Desert Willow Golf Resort. OBJECTIVE The City seeks to identify a supplier or suppliers that will provide the most practical and cost-effective business model to serve the distribution needs for office products and related services. The office products are more specifically described in the Bid Specifications section of this RFP. The successful Proposer or Proposers will be referred to and designated as "Preferred Suppliers". The goal of the City is to team with one or more Preferred Suppliers and develop a relationship that will produce a win -win for all parties. The City hopes to work with the Preferred Suppliers to establish practical business processes and procedures BACKGROUND INFORMATION The estimated value for this RFP is $20,000 annually. The estimates of value, purchases, and usage of office products in this RFP are estimates only. Office products and services purchased under any agreement resulting from this RFP may be more or less than the estimates provided. The City of Palm Desert does not represent, warrant or guarantee that the City of Palm Desert will procure any particular dollar value or any particular quantity of office products and services under any agreement resulting from this RFP. The City of Palm Desert is seeking to reduce the total cost of office products and services while creating synergies between the City of Palm Desert, its entities, and the preferred suppliers. SUBMITTAL DEADLINE The City will accept proposals submitted in response to this RFP until 2:00 p.m. on Friday, September 23, 2011 (the "Submittal Deadline"). Proposers should complete the Proposal Specifications and Proposer Information forms and submit in a sealed envelope plainly marked on the outside "SEALED BID FOR GENERAL OFFICE SUPPLY PURCHASES — DO NOT OPEN WITH REGULAR MAIL." Page 4 CONTACT INFORMATION Proposers will direct all questions or concerns regarding this RFP to the following contact: Niamh Ortega Administrative Secretary — Finance CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Phone: 760.346.0611, Ext. 382 FAX: 760.341.4564 E-mail: nortega@cityofpalmdesert.org The City recommends all interested parties restrict contact and questions regarding this RFP to written communications forwarded to the contact. All questions and concerns must be received no later than Tuesday, September 20, 2011 at 5:00 p.m. The contact will have a reasonable amount of time to respond to questions or concerns, with any and all final responses to be returned no later than 11:00 a.m. on Wednesday, September 21, 2011. It is the City's intent to respond to all appropriate questions and concerns; however, the City reserves the right to decline to respond to any question or concern. CRITERIA AND PROCESS FOR SELECTION The successful proposer(s) selected by the City in accordance with the requirements and specifications set forth in this RFP will be the proposer(s) that submits a proposal in response to this RFP on or before the submittal deadline that is the most advantageous to the City. Proposer(s) is encouraged to propose terms and conditions offering the maximum benefit to the City. The criteria to be considered by the City in evaluating proposals and selecting a preferred supplier will include those factors listed below: • The cost of goods and services proposed; • The reputation of Proposer and Proposer's goods or services; • The quality of Proposer's good or services; • Internet ordering capabilities and comprehensiveness; • The extent to which the goods or services meet the City's needs; • Proposer's past relationships with the City and its entities; • Total long-term cost to the City of acquiring the Proposer's goods or services; • Availability of training for City staff; • Proposer's qualifications including prior experience and references; • Content of Proposer's proposal; • Location of contract retail store. Page 5 ADDITIONAL INFORMATION The specifications in this RFP are based on our orders typically placed with Office Depot, our current vendor, and include the order number used to purchase those items rather than the manufacturer's number. Some of the listed items are a generic brand and it is understandable that proposers will be unable to provide prices on those specific items. However, an alternative such as the proposer's generic brand item will be accepted, and should be indicated as such in the "Generic" column. Additionally, the Proposer may provide a price on a brand item listed and a generic item if the company provides one of comparable quality. Pricing is also based on the National Intergovernmental Purchasing Alliance Company (National IPA), and vendors are encouraged to indicate their participation in this and/or similar programs. It is beneficial to the Proposer to provide pricing on all items so that an accurate price comparison can be made. In addition to providing the item's list price and discounted price, a percentage discount for each item should also be included that would be made available to the City regardless of the list price. If the discount price offered is through a government bid such as US Communities or National IPA, please indicate as such. Failure to provide the requested information may be considered non -responsive and result in disqualification of the proposal. Additionally, as part of the proposal review, a selective comparison will be conducted between prices offered on the Proposer's retail site and the proposed contract prices. The City is highly reliant on internet usage for placing and tracking orders, history, reports and account maintenance; therefore, it is required that the successful Proposer provide reliable service through this medium as well as by telephone and in person, and that service such as next -day delivery and/or in-store pick-up be available for most items other than special orders. The contract to be awarded is for a period of one (1) year with the potential for two one- year extensions. Contract extension is based on continued value, competitive pricing, satisfactory performance as determined by the City, and the desire of both parties to continue such contract. Page 6 PROPOSER INFORMATION The undersigned has carefully examined the documents pertinent to this proposal and hereby offers and submits the above price in consideration of the Proposal Requirements, attached hereto and a part of this offer and proposal. Company: r�T �Ce ivP�'JC�%L _Tf�f, Contact/Representative Name (please print): A1,1,510l/P /VC 04z'� Zie Title: Address: 6 �Jr L C4r/1 �� (✓/ Sys��� City: 59Z'I�i"hll7'i�o State, Zip: C✓4 .1 9,2 �� S Telephone: 0' ) 3 i� 020 FAX: (909) 8V — 13 0 E-mail address: Q1j s fO11,--1 ✓ee 4/7ie'1po((�C�° * City of Palm Desert business license No.: Representative supervisor approving bid: T1 M C Signature of Representative Supervisor: Date: '/.Z,,Z/,,20/ % * Proposers who do not maintain a retail store in Palm Desert and who intend to deliver goods via a third party only are not required to obtain a Palm Desert business license. Proposers utilizing their company freight or delivery system or who operate a retail store in Palm Desert must obtain and maintain a business license for the duration of the contract term. Page 7 PROPOSAL QUESTIONNAIRE 1. Please list the fee, if any, your company charges for the following: Standard Delivery: 0 Next day delivery: 0 Restocking: Freight charges: (� Other fees (explain): q 2. What is the daily deadline or cut-off time for (a) internet order and (b) phone order placement and when should they be received by the City? (Next day, two-day, 3-5 day delivery?) .,Pria ay�� �1'�i�� orc�P,^s %�'cP�`�P� b�i� S`clc2'�� fire P/v 11aCl �P De7l 3. What is your "Rush Order" procedure and what fPP.q 4. What is your Return Item Policy? Page 8 ated with them? 5. What are your terms of payment for accounts such as the City of Palm Desert? Isle f 56? cot'a�I , 6. Which regional, state or national governmental discount programs do you participate in that would lower the City's costs? Please attach a summary of pertinent information on the program detailing the discounts offered from your company's list price. �c12A/ 7. If a lower price is found on your company's retail site than what is offered on the contract or business site, are you willing to match that price? 71 6' ,-J C i� c ��c c�" Pc� �hc%r fie /��ficra P�l , Llcr7`r'Cf IS - , r iG 674e fi 7G (�2P T� 8. Is there a minimum order amount that should be placed? What is it? What are the consequences of not meeting the minimum order? VaIlle s1?d,Vlel be' (57rP4?�Y- A-/,ufi Y257, C�rclPrs �P5 2,57 $S, e-15- 9. 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