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CITY OF FORT WORTH
COOPERATIVE PURCHASE CUSTOMER AGREEMENT
This Cooperative Purchase Customer Agreement ("Customer Agreement") is entered into by and between Office Depot
Inc. ("Vendor") and the City of Fort Worth, ("Customer" or "Authorized Customer"), a Texas government entity, and a
Customer as defined in Section 21 of the agreement between the National Intergovernmental Purchasing Alliance ("NIPA")
and Office Depot, Inc. Contract No. P-10-004, as amended, (the "NIPA Agreement") with an effective date of April 1, 2011.
This Customer Agreement shall be governed by the terms and conditions of the NIPA Agreement, which is incorporated
herein by reference and is available online at www.NationallPA.ora or upon request from Vendor. The NIPA Agreement
expires on March 31, 2014 with two one-year renewal options.
Authorized Customer is eligible and desires to purchase Hon Furniture pursuant to the terms and conditions of the NIPA
Agreement as the NIPA may specify from time to time, as well as the terms and conditions of this Customer Agreement.
NIPA will only be responsible for services provided to NIPA 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 NIPA 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 NIPA under the NIPA Agreement, as applicable, as if Customer had entered into the NIPA 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-11472 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 14 day of January, 2013.
Customer Name: City of Fort Worth
Authorized Signature
OsOLA,
Printede:
Susan Alanis
Title:
Assistant City Manager
Date:
Approved as to Form
Assistant City Attorne
Attest:
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City Secretar
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Mary Kayser
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Vendor NaeOffice Depot, Inc.
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Prin �d I me: Jim Pollman
Title: Regional Vice President
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OFFICIAL RECORD
CITY SECRETARY
r9'u WOR'0'G19 TX
M&C Review
Page 1 of 2
ITY
DATE: 1/8/2013 REFERENCE
NO.:
**P-11472
CODE: P TYPE' CONSENT
SUBJECT:
LOG NAME
PUBLIC
HEARING:
Authorize Purchase Agreement with Office Depot for Office Furniture Using a National
Intergovernmental Purchasing Alliance Cooperative Contract in the Amount of
$200,000.00 for the First Year (ALL COUNCIL DISTRICTS)
Official site of the City of Fort Worth, Texas
FORT WORTH
13P12-0216 OFFICE
FURNITURELSJ
NO
RECOMMENDATION:
It is recommended that the City Council authorize a Purchase Agreement with Office Depot for office
furniture using National Intergovernmental Purchasing Alliance Cooperative Contract No. P10 004 in
an amount up to $200,000.00 for the first year.
DISCUSSION:
City departments will use this Agreement to purchase new furniture or replace worn office furniture on
an as -needed basis Staff evaluated cooperative office furniture Agreements from Office Depot and
Staples The Agreements were evaluated based on criteria including price, volume discounts
capabilities and performance. The National Intergovernmental Purchasing Alliance (National IPA)
cooperative Agreement from Office Depot was determined to present the best value to the City for the
purchase of Hon brand freestanding office furniture, shelving, tables, seating, desks and file
cabinets. Staff is familiar with Office Depot's service and has previously contracted with this vendor
for office supplies. In addition, the City will have contractual authority to audit pricing and invoicing
PRICE ANALYSIS - Office Depot offers a wide assortment of office furniture and related equipment
with discounts ranging from 50 to 61 percent. The discounts pricing is 4 6 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
$195,000.00 was spent in the previous year. Staff has reviewed the contract and concluded that the
prices are fair and reasonable.
COOPERATIVE PURCHASING - This National IPA contract is a competitively solicited contract
through DuPage County, Illinois, with Office Depot that began on April 1 2011 and remains in effect
until March 31, 2014.
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 March 31 2014 to coincide with the expiration date of the National IPA contract number P10-
004.
ADMINISTRATIVE CHANGE ORDER - An Administrative Change Order or increase may be made
by the City Manager in an amount up to $50,000 00 and does not require specific City Council
approval as long as sufficient funds have been appropriated.
RENEWAL OPTIONS - This Agreement may be renewed for two additional one-year terms at the
City's option and in accordance with the terms of the National IPA 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. Staff anticipates that the costs for the renewal
years shall remain the same as the first year.
http://apps. cfwnet.org/council_packet/mc_review. asp?ID=1695 3 &councildate=1 /8/2013 1/9/2013
M&C Review Page 2 of 2
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\12-0216\LSJ
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for Citv Manaaer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
MINI =1.1
ATTACHMENTS
Susan Alanis (8180)
Lena Ellis (8517)
Jack Dale (8357)
LaKita Slack -Johnson (8314)
http://apps.cfwnet. org/council_packet/mc_review. asp?ID=16953 &councildate=1 /8/2013 1/9/2013