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HomeMy WebLinkAboutContract 44202 (2)St . FORT WORTH \ ‘-.1 CITY SECRETARY CONTRACT No. "-Ia Z o CITY or FORT WORTH COOPERATIVE PURCHASE CUS T OMITR AGITEIVIi NT This Cooperative Purchase Customer Agreement ("Customer Agreement") is entered into by and between Staples (` Vendor") and the City of Fort Worth, ("Customer" or "Authorized Customer"), a Texas government entity, and a Member as defined in Section 1.1 of the agreement between the National Joint Powers Alliance ("NJPA") and Vendor, NJPA Contract No. 52910 as amended, (the "NJPA Agreement") with an effective date of July 22, 2010. This Customer Agreement shall be governed by the terms and conditions of the NJPA Agreement, which is incorporated herein by reference and is available online at NJPACoop.org or upon request from Vendor. The NJPA agreement expires on July 21, 2014 with the option to renew for two additional one-year terms. Authorized Customer is eligible and desires to purchase Modular Furniture pursuant to the terms and conditions of the NJPA Agreement as the NJPA may specify from time to time, as well as the terms and conditions of this Customer Agreement. NJPA will only be responsible for services provided to NJPA and will not be responsible for payments for services provided to any individual Customer. The Authorized Customer agrees to the terms and conditions of the NJPA Agreement as applicable. The Authorized Customer hereby agrees that it is separately and solely liable for all obligations and payments for equipment and services provided hereunder. Vendor agrees that Customer shall be entitled to the same rights and protections under the law afforded to the NJPA under the NJPA Agreement, as applicable, as if Customer had entered into the NJPA Agreement. Further, Vendor agrees that until the expiration of three (3) years after final payment under this Customer Agreement, or the final conclusion of any audit commenced during the said three years, Customer, or Customer's designated representative, shall have access to and the right to audit at reasonable times, all records involving transactions relating to this Customer Agreement necessary to determine compliance therewith, at no additional cost to the Customer. Vendor agrees that the Customer shall have access to such records during normal business hours. Customer shall provide Vendor with reasonable advance notice of any intended audits. The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agreement, bind the respective Authorized Customer, and that the execution and performance of this Customer Agreement has been duly authorized by all necessary Authorized Customer action by M&C P-11473 approved on January 8, 2013. Authorized Customer has caused this Customer Agreement to be executed by its duly authorized representative to be effective as of this 12th day of February, 2013. Customer Name: City of Fort Worth Authori�d Signature Printed N 1 .. _ : i (4lr�it) tS Title: /'716c4tae*_ Date: �� tc Approve as to Form and Legality: )J1-'' Assistan City AfCVey Attest: City Secretary l i U73 •••e- a• .Li.II. Ca.,tr6 vo1=. a,n ni Contract Authorjgttioa 1 <K~ t 3 • 01 3 r_— Date t Vendor Name: Staples Contract & Commercial, Inc. Authorized Signat Printed Name Title Date: oat t�II� 0 par 0oo U2 1 k!11:a .r`�tl Seia,. d in iket lir000 a 0 o; as 0 P °kW\ thidnatt Citheect &AAA' Ennerai v\lbanassir 1 6FFICIAL RECORD gIl`tTY SECRETARY �'o "v^FORTH, TX M&C Review Page 1 of 2 ITY IL COUNCIL ACTION: Approved on 1/8/2013 DATE: 1/8/2013 REFERENCE NO.: CODE' P TYPE: SUBJECT: **P-11473 LOG NAME: PUBLIC HEARING: Authorize Purchase Agreement with Staples for Modular Furniture Using a Cooperative Contract in the Amount of $160,000.00 for the First Year (ALL COUNCIL DISTRICTS) Official site of the City of Fort Worth, Texas FoRTWORTII 13P12-0218 MODULAR FURNITURELSJ CONSENT NO RECOMMENDATION: It is recommended that the City Council authorize a purchase Agreement with Staples for modular furniture using the National Joint Powers Alliance Cooperative Contract No. 052910 in the amount of $160,000.00 for the first year. DISCUSSION: City departments will use this Agreement to purchase new modular furniture or replace worn office furniture on an as -needed basis. Staff evaluated cooperative office furniture Agreements from local vendors, Staples and Office Depot. The Agreements were evaluated based on criteria including price, volume discounts, capabilities and performance. It was determined that Staples presents the best value to the City for Allsteel brand modular furniture, workstations, partitions wall panels and products Staples offers a wide assortment of modular furniture with discounts ranging from 56 to 63 percent off manufacturer's list prices for Allsteel brand furniture. Staples offers professional design services and installation services. Staff is familiar with Staples service and has previously contracted with this vendor for office furniture. The City has an opportunity to receive rebates up to two percent annually when purchasing volumes of systems furniture over $150,000.00. In addition the City will have contractual authority to audit pricing and invoicing. PRICE ANALYSIS - The overall discount pricing is 21 percent lower than the discount pricing in the previous annual Agreement awarded in 2006 (M&C P-10329). No guarantee was made that a specific amount of goods or services would be purchased. Approximately $155,000.00 was spent in the previous year. Staff has reviewed the contract and concluded that the prices are fair and reasonable. COOPERATIVE PURCHASING - State law provides that a local government purchasing an item under a cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the item. National Joint Powers Alliance (NJPA) contracts have been competitively bid to increase and simplify the purchasing power of government entities across the United States. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERM - Upon City Council's approval, the Agreement will begin January 9, 2013 and expire July 21, 2014 to coincide with the expiration date of the NJPA contract No. 052910. ADMINISTRATIVE CHANGE ORDER - An Administrative Change Order or increase may be made by the City Manager in the amount of $40,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. http://apps.cfwnet org/council_packet/mc_review.asp7ID= 1 6 95 6&councildate=1 /8/2013 2/13/2013 M&C Review Page 2 of 2 RENEWAL OPTIONS - This Agreement may be renewed for two additional one-year terms at the City's option and in accordance with the NJPA contract. This action will not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term and in accordance with the terms of the NJPA contract Staff anticipates that the cost for the renewal years shall remain the same as the first year. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. BQN\12-0218\LSJ TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS Susan Alanis (8180) Lena Ellis (8517) Jack Dale (8357) LaKita Slack -Johnson (8314) http://apps.cfwnet org/council_packet/mc_review.asp?ID=1 695 6&councildate=1 /8/20 1 3 2/13/2013