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RESOLUTION NO. R10- 1 O
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE "PIGGY- BACK" OF A STATE OF
FLORIDA CONTRACT ITN NO. 618- 001 -10 -1 WITH
STAPLES CONTRACT & COMMERCIAL, INC., AND
OFFICE DEPOT, INC., FOR THE PURCHASE OF
OFFICE SUPPLIES AND EDUCATIONAL
CONSUMABLES; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A CONTRACT
WITH EACH VENDOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, City staff has confirmed that the State of Florida , Department of
Management Services has complied with Public Contract Bid requirements which equal or
exceed the City of Boynton Beach's requirements; and
WHEREAS, upon recommendation of staff, it is the City's desire to "piggy- back"
the State of Florida Contracts ITN No. 618 - 001 -10 -1 with Staples Contract &
Commercial, Inc., and Office Depot, Inc., for the purchase of office supplies and
educational consumables, and authorizes the Mayor and City Clerk to sign Contracts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, 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.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves the "piggy- back" of the State of Florida Contracts ITN No. 618 - 001 -10 -1 with
Staples Contract & Commercial, Inc., and Office Depot, Inc., for the purchase of office
SACA \RESO\Agreements \Reso - Piggy -Back State - Office Supplies.doc
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supplies and educational consumables., and authorizes the Mayor and City Clerk to sign
Contracts, a copy of the Contracts are attached hereto as Exhibits "A" and "B ".
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this /� day of November, 2010.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — J Rodriguez
Vice yor — lene Ross
GZ ,
Commi ioner — William Oi
ATTEST:
JVyy M. Prainito, MMC
ler k
e/
Commissi w — Woodrow L. H
Commis ><on — Stev Holzm
S \CA \RESMAgreements \Reso - Piggy -Back State - Office Supplies.doc
hd - /1 °
EXECUTION COPY
THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES
PIGGYBACK CONTRACT
BETWEEN
CITY OF BOYNTON BEACH
AND
OFFICE DEPOT, INC.
This Piggyback Contract ( "Contract ") is made and entered into this 3rd day of January, 2011 ( "Effective
Date "), by and between City of Boynton Beach (hereinafter referred to as the "Customer "), and Office
Depot, Inc., a Delaware corporation with corporate headquarters located at 6600 North Military Trail,
Boca Raton, FL 33496 (hereinafter referred to as "Office Depot ").
WITNESSETH:
WHEREAS, the State of Florida, Department of Management Services and Office Depot entered into that
Contract 618 - 000 -11 -1, effective as of October 18, 2010, for Office and Education Consumables,
pursuant to Invitation to Negotiate No. 618 - 001 -10 -1 (the "Master Agreement "); and
WHEREAS, the Master Agreement permits government entities to purchase goods and services in
accordance with terms and conditions set forth in the Master Agreement; and
WHEREAS, the Customer has determined that the terms and conditions of the Master Agreement would
be economically beneficial to the Customer; and
WHEREAS, the Customer has determined that the most effective and feasible manner of obtaining office
supplies and services offered under the Master Agreement is for the Customer to become a participating
government agency under the Master Agreement; and
WHEREAS, the Customer is eligible to purchased under the Master Agreement; and
WHEREAS, the undersigned representative of the Customer is authorized, on behalf of the Customer, to
contract with Office Depot for the purchase of the office supplies and services in accordance with the
terms of the Master Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and promises herein stated and
in conjunction with the cooperative agreement referenced, the parties hereto agree to the following terms
and conditions:
INCORPORATION OF MASTER AGREEMENT
The purpose of this Contract is to allow the Customer to purchase supplies from Office Depot at
the discounted prices set forth in the Master Agreement. To that end, the Master Agreement is
hereby incorporated by reference as if set forth herein in its entirety, including all subsequent
amendments thereto. However, to the extent any terms and conditions set forth in the Master
Agreement (excepting any terms and conditions relating to price and cost) conflict with any terms
and conditions of this Contract (the "Supplemental Terms "), the Supplemental Terms shall
prevail.
2. CREDIT TERMS
Customer's credit limit shall be established by Office Depot's credit department. Office Depot
reserves the right to lower Customer's credit limit or refuse to ship any orders if at any time: (a)
Customer's account is materially past due and Customer has not responded with a reasonable
response within three (3) business days of written notice of said delinquency to work with Office
Depot to resolve the issues; (b) in Office Depot's commercially reasonable opinion, Customer's
credit standing becomes impaired as a result of Customer's payment habits having slowed down
to an unsatisfactory level with all non - critical suppliers including Office Depot; (c) Customer's
EXECUTION COPY
financial condition becomes unstable based on Customer's financial reports or reputable third
party ratings, or (d) if there are severe risk alerts from reputable third party credit bureaus.
3. NOTICES
All notices, requests, demands and other communications under this Agreement shall be given in
writing. Such notices shall be deemed to have been given when delivered in person or three (3)
business days after being sent via certified mail or upon delivery if sent via reputable overnight
delivery service and addressed to the appropriate party at its mailing address set forth below:
To Customer: City of Boynton Beach
100 E Boynton Beach Blvd
Boynton Beach, FL 33435
Attn: Carol Doppler, Purchasing Director
To Office Depot: Office Depot, Inc.
5345 Oakbrook Parkway
Norcross, GA 30093
Attn: James E. Pollman, Regional Vice President
with a copy to: Office Depot, Inc.
6600 North Military Trail
Boca Raton, FL 33496
Attn: Office of the General Counsel
4. TERMINATION FOR CONVENIENCE
Either party may terminate this Contract for convenience by providing the other party sixty (60)
days prior written notice.
IN WITNESS WHEREOF, the Customer and Office Depot have executed this Contract on the Effective
Date.
OFFICE DEPOT, INC.
ICI
CITY OF BOYNTON BEACH
By:.ill�it�•
KU ..
Title: CITY u_N
Date: ► Q-
W e �E PAR7MENT
r v
Governor Charlie Crist
OF MANAGEMENT
1ces
CERTIFICATION OF CONTRACT
TITLE: Office and Educational Consumables
CONTRACT NO.: 518- 000 -11 -1
l'rN No.: 618- 001 -10 -1
EFFECTIVE: October 18, 2010 through October 1.7, 2013
SUPERSEDES: 6 001 - -ACS
CONTRACTORS:
Gulf Coast Office Products
Office Depot
Staples Contract & Commercial, Inc.
Division of State Purchas ng
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399 -0950
Tel' 850 488,8+10
Fax; 850A 1+6122
www.dm , ;.MyFlorida.com
Secretary Linda H. South
ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER ISSUES WHICH MAY
ARISE SHALL BE BROUGHT TO THE ATTENTION OF MARK HERNANDEZ AT (850) 414-
6741, E -MAIL: mat 'k.hemandez(@dms.myflorida.com
A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of
Management Services, a contract has been executed between the State of Florida and the
designated contractors.
B. EFFECT - This contract was entered into to provide economies in the purchase of Office and
Educational Consumables by all State of Florida agencies and institutions. 'Therefore, in
compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be
made tinder the terms, prices, and conditions of this contract and with the suppliers specified.
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the
attached ordering instructions. Purchaser shall order at the prices indicated. exclusive of all
Federal, State and local taxes. All contract purchase orders shall show the State Purchasing
contract number, product number, quantity, description of item, with unit prices extended and
purchase order totaled. (This requirement may be waived when purchase is made by a blanket
purchase order.)
D. CONTRAC "roil 1 - Agencies shall report any vendor failure to perform
according to the requirements of this contract on Complaint to Vcndor, form PUR 7017. Should
the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029,
Request for Assistance, is to be filed with this office.
We serve those who serve Florida.
483 of 745
E. S I?ECIAl- AND CENMRAi, CoNDMONS - Special and general conditions are enclosed for
your information. Any restrictions accepted from the supplier are noted on the ordering.
instructions.
Anthony Garcia
Purchasing Director
(date)
5'Cn'I'ii I'ukrr fACn G • 405th li ri,nuniNlC +nti •'l nLr nF[A sn., FLORIDA 33399. 0950 • ` ELGPHUNLI50.488 -8440 • FA,x:850- 414 -6122
484 of 745
INVITATION To NEGOTIATE
(ITN)
FOR
OFFICE AND EDUCATIONAL
CONSUMABLES
ITN No. 618 -001 -10 -1
ITN ISSUE DATE: MARCH 31, 2010
RESPONSES DUE: APRIL 30, 2010
REFER ALL INQUIRIES TO:
DANIELLE KOSBERG, PMP
LEAD PURCHASING ANALYST
DIVISION OF STATE PURCHASING
DEPARTMENT OF MANAGEMENT SERVICES
4050 ESPLANADE WAY, SUITE 360
TALLAHASSEE, PL 32399
TELEPHONE: 850-413-0474
EMAIL: DANIELLE, KOSBERG @DMS.MYFLORIDA.COM
618 - 001 -10 -1 Office and Educational Consumables ITN Page 3 of 73
485 of 745
CONTRACT DETWEEN
FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
AND
STAPLES CONTRACT & COMMERCIAL, INC.
CONTRACT 618 - 000 -11 -1
This Contract is by and between the State of Florida, Department of Management Services (Department),
Division of Stale Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade
Way, Tallahassee, Florida 32399 -0950, and Staples Contract & Commercial, hoc. (Contractor).
Whereas, the Contractor replied to the Division's Invitation to Negotiate (rTN), No.: 61$- 001 -10 -1 —
Office and Educational Consumables; and
Whereas, the Division negotiated and accepted the best terms and conditions for Office and Educational
Consumables pursuant to Section 287.057(1) (c).
Accordingly, and in consideration of the mutual promises contained in the Contract documents, the
Department and the Contractor do hereby enter into this Contract.
1.0 NAME OF PROJECT
Office and Educational Consumables.
2.0 SUMMARY OF THE CONTRACTUAL SERVICES (SCOPE OF WORD
The scope of products for this Office and Educational Consumables contract are described in
section 1,2 of the ITN document and are summarized in the table below. The Product Categories
listed below refers to categories covered under this agreement.
Pttoduct Categories lu Scope I
• Consumables
• Breakrootn & Cleaning Supplies
• Folders, Binders & Accessories
• Taper — Other
• Paper - 20# White (Recycled and Virgin)
• Toner HP
• Toner Non HP
• Toner RemanufactuxW
• IT peripherals
• Equipment
3.0 DELIVERABLES
The ITN identifies all the performance requirements and expectations to be satisfied by the
contractor throughout the term of the contract. However, included below are the primary
deliverables related to the scope of work above. Also included below are the required minim
level of service and criteria for evaluating successful completion of each deliverable. The
Contractor will provide the following Deliverables:
3.1 Monthly Service Level Agreement Metrics and Reports;
Contract No.: 618 - 400 -11 -1 Page 1 of 6
486 of 745
A. Delivery Timing — The Contractor shall maintain an on -time delivery rate of 95% or
greater. On -time delivery will be defined as delivery of order within two (2) business
days of placement of order. This SLA supersedes Section 4.11 Transportation and
Delivery of the General Conditions. The contractor shall submit to the Department t3tis
monthly service level agreement report in Microsoft Excel that details the on -time
delivery rate. Specifically, the report shall include the number of orders delivered
complete within the 2 business day requirement divided by total number of orders
delivered.
B. Order Accuracy - The Contractor shall maintain an order accuracy rate of 98% or
greater. Order accuracy rate is defined as the number of items delivered as ordered
divided by the total number of items ordered. Tire contractor shall submit to the
Department this monthly service level agreement report in Microsoft Excel that details
the order accuracy rate. Specifically, the report shall include the number of orders with
order accuracy rate of more than 98% divided by total number of orders.
C. Order Completeness / Fill - The Contractor shall maintain an order fill rate of 95% or
greater. Order fill rate is defined as a number of items on an order filled completely as
ordered divided by to the total number of lines on an order. The contractor shall submit to
the Department this monthly service level agreement report in Microsoft Excel that
details the order fill rate. Specifically, the report shall include Number of orders with
order fill rate of more than 95% divided by total number of orders.
D. Price Accuracy - The Contractor shall maintain a price accuracy rate of 99.5% or
greater. Price accuracy is defined as the number of audited items each month where the
net price (calculated by multiplying the list price by 1 minus the discount % for that
product category) is equal to or less than the contract price (calculated by multiplying the
list price, outlined in Section 3.2, by 1 minus the discount % for that product category).
The Contractor shall obtain a third party firm at no additional cost to the State to conduct
external price audits on this contract. The Contractor shall contract with a third party firm
(to be approved by the Department) to conduct a monthly random sampling (a minimum
of $70 items per month) of contract items to confirm the accuracy of list price, discount
% and net price. Specifically, the third party firm will confirm the prices displayed on the
Contractor's website are equal to or less than the contract terms. The third party firm
shall provide a monthly report to the Department indicating the Price Accuracy Rate
(Price Accuracy Rate = the number of audited items each month where the net price
(calculated by multiplying the list price by 1 minus the discount % for that product
category) is equal to or less than the contract price (calculated by multiplying the list
price, outlined in Section 3.2, by 1 minus the discount % for that product category)
divided by the number of audited items). Also, at a mini mum, the monthly report shall
identify items not in compliance with the contract terms, provide the date of the audit,
and screenshots of the Contractor's on -line catalog of all items in the random sample that
were not in compliance with the contract terms.
E. Hickorder Fill — The contractor will ship backorders within five (5) calendar days of
original order, unless special circumstances apply. The contractor will submit to the
Department at the customer or the Departments request a report in Microsoft Excel that
details the item name and product ID, reason for shortage, and plan of action when
delivery may be expected or suggested replacement).
3.2 Quarterly Sales Report Data:
The Contractor shall report sales data to the Contract Manager on a quarterly basis using
the Contract Quarterly Reporting Form in Attachment G — Quarterly Reporting Fortin.
Contract No.: 618- 000 -11 -1
Page 2 o£6
487 of 745
The following summary data must be reported to the Contract Manager on a quarterly
basis:
• Total purchases on the contract for the quarter
• Total purchases on the contract for the quarter by Eligible 'User
• Total purchases for the quarter made using the State's Purchasing Card
• Total Certified Vendor (including Minority, Women, and Service - Disabled
Veteran) purchases for the quarter by Eligible User.
The following detailed data trust be, reported to the Contract Manager on a quarterly
basis in Excel spreadsheet format:
r Eligible User (Customer) Entity Name
• Product Category
+ Item Description
• Manufacturer Name
Manufacturer Part Number
• UPC
+ Unit of Measure
r Quantity Shipped
r Date shipped
r List Price
• Invoice Price
• Core Item Flag (indicates if item is on Core Items list)
• P-Card Flag (indicates if transaction was paid for using a P- Card).
+ Flag Purchases made within the stores (if applicable)
3.3 Annual Service Level Agreement Metrics and Reports:
A. Price Accuracy . The Contractor shall maintain a price accuracy rate of 49.3% or
greater. Price accuracy is defined as the number of audited items each month where
the net price (calculated by multiplying the list price by 1 minus the discount % for
that product category) is equal to or less than the contract price (calculated by
multiplying the list price, outlined in Section 3.2, by 1 minus the discount % for that
product category). The Contractor shall Contract with a third party firm (to be
approved by the Department) to conduct an annual (on each anniversary of the
contract effective date) sampling of Customer invoices (a minimum of 600 customer
invoices for the 12 month period) to confirm accuracy of list prices and discount %,
and that net prices of invoiced items are equal to or less than the contract terms.
Specifically, the third party firm will confirm the price charged to the Customer is
equal to or less than the contract terms during that time period. The third party firm
shall provide an annual report to the DvTartment indicating the Price Accuracy Rate
(price Accuracy Rate — the number of audited items each year where the net price
(calculated by multiplying the list price by 1 minus the discount % for that product
category) is equal to or less than the contract price (calculated by multiplying the list
price, outlined in Section 3.2, by 1 minus the discount % for that product category)
divided by the number of audited items). Also, at a minimum, the annual report will
include copies of the invoices in the random sample that were not in compliance with
the contract terms.
Contract No.: 618-000-11-1
Page 3 of 6
488 of 745
4.0 SUMMARY OF PENALTY FOR FAILURE OF CONTRACTOR TO MEET
DEL VERALBES
The Contractor is required to meet the performance standards as described in Section 3.0 above.
Contractor is required to meet performance standards for Delivery Timing, Order Accuracy,
Order Completeness/Fill and price Accuracy on standard contract'orders only, special/custom
orders can be excluded from the calculations of these performance standards. Failure to meet the
performance standards recified will result in the specified damages to the State as shown in the
chart below. On the 15 of the month following the month being reported, the Contractor shall
submit a report to the Contract Administrator containing the information required in Section 3.0
above. Performance Assurances, if applicable, will be paid via check or money order made out to
the Department of Management Services in US Dollars within 30 days after report submission.
These damages are assessed for failures over each 12 month period beginning with the first full
month of contract performance and every 12 months thereafter.
Item
First
Second :.'
hird
Fourth
Fifth
£arch'
Failure
Failure
�ilore
Failuirci .
Failurew .
Add nsl;
Failure
Submit Report
$0
$500
$500
$
_ $2 L 00 0
$ 3,0 0 0
Delivery
$0
$0
$1,000
$1,000
$2,000
$3,000
Timing — less
than 95% on
time
Order
$0
$a
$1,000
$1,000
$2,000
$3,000
Accuracy —
less than 98%
of items
delivered are
accurate
Order
$0
$0
$1,000
$1,000
$2,000
$3,000
Completeness/
Fill — less than
95 %
Price Accuracy
$0
$0
$2,000
$3,000
$4,000
$5,000
— less than
9 9.5%
*Note: if respondent fails to meet the performance standards 5 or more times to a 11 month contract
period, the State shall have grounds to initiate contract breach and termination proceedings.
5.0 EFFEG°>t'IVE DATE
This Contract shall begin on October 18, 2010, or on the last date in which it is signod by all
parties, whichever is later.
6.0 EXPIRATION DATE
This Contract shall expire three years from the effective date of the Contract, unless cancelled
earlier in accordance with its terms.
7.0 RENEWAL
Upon mutual written agreement, the Department and the Contractor tray renew the Contract for
up to three (3) years as allowed by Section 287.057 (13)(a), Florida Statutes and pursuant to the
provision of PUR 1000 Section 26.
Contract No.: 618 - 000 -11 -1
Page 4 of 6
489 of 745
8.0 INTELLECTUAL PROPERTY
The parties do not anticipate that any intellectual property will be developed as a result of this
contract, Any intellectual property developed as a result of this contract will belong to and be the
sole property of the state. "This provision will survive the termination or expiration of the contract.
9.0 PREFERRED PRICE
The Contractor agrees to submit to the Department at least annually an affidavit from an
authorized representative attesting that the Contractor is in compliance with the preferred pricing
provision in Section 5.14 Best Pricing Comparison of the ITN.
10.0 CONTRACT DOCUMENTS
This Contract, together with the following attached documents, set forth the entire understanding
of the parties with respect to the subject matter. In case of conflict, the terms of this Contract
shall control. If a conflict exists among any of the attached documents, the documents shall have
priority in the order listed:
A. ATTACHMENT It
Office and Educational Consumables ITN No.: 618- 001 -10 -1, as amended,
U. ATTACHMENT 11:
Contractor's Response to the ITN.
C. ATTACHMENT M:
Contractor's Best and Final Offer Pricing.
11.0 CONTRACT MANAGEMENT
A. Contract Manamer
The Department employee who is primarily responsible for overseeing the Contractor's
performance of its duties and obligations pursuant to the terms of this Contract. The
Contract Manager shall be as follows:
Mark Hernandez
Division of State Purchasing
Department of Management Services
4050 Esplanade Way
'fallahassee, FL 32399 -0950
Telephone: (830) 414 -6741
Fax - (850) 414 -6122
E- mail: rrwk.hernandez@dm&MXAorida.co
The Department may appoint a different Contract Manager, which shall not constitute an
amendment to the Contract, by sending written notice to Contractor. Any communication
to the Department relating to the Contract shall be addressed to the Contract Manager,
B. Ca tractor's Representa #ve
Steven Schumacher
Staples Contract & Commercial, Inc.
4661 Oak Fair Drive
Tampa, FL, 33610
Telephone: (813) 627 -4821
Fax: (813) 527.4871
E -mail: ateven.schumnherRstaples. om
Contract No.: 618 - 400 -11 -1
Page 5 of 6
490 of 745
State of Florida Approved as to form and legality
Department of Management Services by the Department General Counsel's Office
By: Linda T, oath
Date Date
Contractor:
Staples Contract & Commereia4 Inc.
Sig re
Print Name
101150 /n
Date
Contract No,: 619-000-11-1
G JQ
INITIALS
.AT
Page 6 of 6
491 of 745
Attachment Il:
Contractor's Response to the ITN.
492 of 745
Attachment III:
Contractor's Best and Final Offer Pricing
493 of 745
CONTRACT BETWEEN
FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
AND
OFFICE DEPOT
CONTRACT 618- 000 -11 -1.
This Contract is by and between the State of Florida, Department of Management Services (Department),
Division of State Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade
Way, Tallahassee, Florida 32399 -0950, and Office Depot (Contractor).
Whereas, the Contractor replied to the Division's Invitation to Negotiate (ITTI), No.: 618- 001 -10 -1 —
Office and Educational Consumables and
Whereas, the Division negotiated and accepted the best terms and conditions for Office and Educational
Consumables pursuant to Section 287.057(1) (c).
Accordingly, and in consideration of the mutual promises contained in the Contract documents, the
Department and the Contractor do hereby enter into this Contract.
1.0 NAME OF PROJECT
Office and Educational Consumables,
2.0 SUMMARY OF TPXE CONTRACTUAL SERVICES (SCOPE OF WORK)
The scope of products for this Office and Educational Consumables contract are described in
section 1.2 of the ITN document and are summarized in the tabic below. The ;Product Categories
listed below refers to categories covered under this agreement.
Product Categories in Scope
• Consumables
• Breakroom & Cleaning Supplies
• Polders, Binders &: Accessories
• Paper — Other
• Paper - 20 White (Recycled and Virgin)
• Toner HP
• Toner Non HP
• Toner Remanufactured
• IT Peripherals
• Equipment
3.0 AET tVERABLES
The ITN identifies all the performance requirements and expectations to be satisfied by the
contractor throughout the term of the contract. However, included below are the primary
deliverables related to the scope of work above. Also included below are the required minimum
level of service and criteria for evaluating successful completion of each deliverable, The
Contractor will provide the following Deliverables:
11 Monthly Service Level Agreement Metrics and Reports:
Contract No.: 618- UUU -11 -1 Pa 1 of
494 of 745
A. Delivery Timing — The Contractor shall maintain an on -time delivery rate of 95% or
greater. On -time delivery will be defined as delivery of order within two (2) business
days of placement of order. This SLA supersedes Section 4.11 Transportation and
Delivery of the General Conditions. The contractor shall submit to the Department this
monthly service level agreement report in Microsoft Excel that details the on -time
delivery rate. Specifically, the report shall include the number of orders delivered
complete within the 2 business day requirement divided by total number of orders
delivered.
B. Order Accuracy - The Contractor shall maintain an order accuracy rate of 9$% or
greater. Order accuracy rate is defined as the number of items delivered as ordered
divided by the total number of items ordered. The contractor shall submit to the
Department this monthly service level agreement report in Microsoft Excel that details
the order accuracy rate. Specifically, the report shall include the number of orders with
order accuracy rate of more than 98% divided by total number of orders.
C. Order Completeness / Fill - The Contractor shall maintain an order fill rate of 95% or
greater, Order fill rate is defined as a number of items on an order filled completely as
ordered divided by to the total number of lines on an order, The contractor shal l submit to
the Department this monthly service level agreement report in Microsoft Excel that
details the order fill rate. Specifically, the report shall include Number of orders with
order fill rate of more than 95% divided by total number of orders.
D. )Price Accuracy - The Contractor shall maintain a price accuracy rate of 99.5% or
greater. Price accuracy is defined as the number of audited items each month where the
net price (calculated by multiplying the list price by 1 minus the discount % for that
product category) is equal to or less than the contract price ( caiculated by multiplying the
list price, outlined in Section 3.2, by 1 minus the discount % for that product category).
The Contractor shall obtain a third parry firm at no additional cost to the State to conduct
external price audits on this contract. The Contractor shall contract with a third party firm
(to be approved by the Department) to Conduct a monthly random sampling (a minimum
of 570 items per month) of contract items to confirm the accuracy of list price, discount
and net price. Specifically, the third party firm will confirm the prices displayed on the
Contractor's website are equal to or less than the contract terms. The third party firm
shall provide a monthly report to the Department indicating the Price Acouracy Rate
(Price Accuracy Rate = the number of audited items each month where the net price
(calculated by multiplying the list price by 1 minus the discount % for that product
category) is equal to or less than the contract price (calculated by multiplying the list
price, outlined in Section 3.2, by 1 minus the discount % for that product category)
divided by the number of audited items). Also, at a minimum, the monthly report shall
identify items not in compliance with the contract terms, provide the date of the audit,
and screenshots of the Contractor's on -line catalog of all items in the random sample that
were not in compliance with the contract terms.
E. Backorder Fill — The contractor will ship backorders within five (5) calendar days of
original order, unless special circumstances apply. The contractor will submit to the
Department at the customer or the Departments request a report in Microsoft Excel that
details the item name and product ID, reason far shortage, and plan of action when
delivery may be expected or suggested replacement).
3.2 Quarterly Sales Report Data:
The Contractor shall report sales data to the Contract Manager on a quarterly basis using
the Contract Quarterly Reporting Form in Attachment G — Quarterly Reporting Form.
Contract No.: 618-000-11-1
Page 2 of
495 of 745
The following summary data must be reported to the Contract Manager on a quarterly
basis:
• Total purchases on the contract for the quarter
• Total purchases on the contract for the quarter by Eligible User
• Total purchases for the quarter made using the State's Purchasing Card
Total Certified Vendor (including Minority, Women, and Service - Disabled
Veteran) purchases for the quarter by Eligible User,
The following detailed data must be reported to the Contract Manager on a quarterly
basis in Excel spreadsheet format:
• Eligible User (Customer) Entity Name
Product Category
• Item Description
• Manufacturer Name
• Manufacturer Part Number
• UPC
• Unit of Measure
• Quantity Shipped
• Date Shipped
• List Price
• Invoice price
• Core Item Flag (indicates if item is on Core Items list)
• P -Card Flag (indicates if transaction was paid for using a P- Card).
• Flag Purchases made within the stores (if applicable)
3.3 Annual Service Level Agreement Metrics and Reports:
A. Price Accuracy - The Contractor shall maintain a price accuracy rate of 99.5% or
greater. Price accuracy is deFned as the number of audited items each month where
the net price (calculated by multiplying the list price by 1 minus the discount % for
that product category) is equal to or less than the contract price (calculated by
multiplying the list price, outlined in Section 3.2, by I minus the discount % for that
product category). The Contractor shall Contract with a third party firm (to be
approved by the Department) to conduct an annual (on each anniversary of the
contract effective date) sampling of Customer invoices (a minimum of 640 customer
invoices for the 12 month period) to confirm accuracy of list prices and discount %,
and that net prices of invoiced items arc equal to or less than the contract terms.
Specifically, the third party firm will confirm the price charged to the Customer is
equal to or less than the contract terms during that time period. The third parry firm
shall provide an annual report to the Department indicating the Price Accuracy Rate
(Price Accuracy Rate = the number of audited items each year where the net price
(calculated by multiplying the list price by 1 minus the discount % for that product
category) is equal to or less than the contract price (calculated by multiplying the list
price, outlined in Section 3.2, by I minus the discount % for that product category)
divided by the number of audited items). Also, at a minimum, the annual report will
include copies of the invoices in the random sample that were not in compliance with
the contract terms.
Contract No.: 618-000-11 - i
Page 3 of G
496 of 745
4.0 SUMMARY OF PEANALTY FOR FAILURE OF CONTRAC'T'OR TO MTIET
DELIVER A.LRES
The Contractor is required to meet the performance standards as described in Section 3.0 above.
Contractor is required to meet performance standards for Delivery Timing, Order Accuracy,
Order Completeness/Fill and Price Accuracy on standard contract orders only, special /custom
orders can be excluded from the calculations of these performance standards. Failure to meet the
performance standards specified will result in the specified damages to the State as shown in the
chart below. On the 15" of the month following the month being reported, the Contractor shall
submit a report to the Contract Administrator containing the information required in Section 3.0
above. Performance Assurances, if applicable, will be paid via check or money order made out to
the Department of Management Services in US Dollars within 30 days after report submission.
These damages are assessed for failures over each 12 month period beginning with the first full
month of contract performance and every 12 months thereafter.
Item
First
Second
Third
Fourth
Fifth
Each
Failure
Failure
Failure
Failure
Failure*
Additional
Failure
Submit Report
$0
I $500
$500
$1,000
$2,000
$3000
Delivery
$0
$0
$1,000
$1,000
$2,000
$3,000
Timing -- less
than 95% on
time
Order
$0
$0
$1,000
$1,000
$2,000
$3,000
Accuracy —
less than 98%
of items
delivered are
accurate
Order
$0
$0
$1,000
$1,000
52,000
$3,000
Completeness/
Fill — less than
95%
Price Accuracy
$0
$0
$2,000
$3,000
$4,000
$5,000
— Iess than
99.5%
*Note: if respondent fails to meet the performance standards 5 or more times in a 12 month contract
period, the State shall have grounds to initiate contract breach and termination proceedings.
5.0 EFFECTIVE ]DATE
This Contract shall begin on October 18, 2010, or on the last date in which it is signed by all
parties, whichever is later.
6.0 EXPIRATION DATE
This Contract shall expire three years from the effective date of the Contract, unless cancelled
earlier in accordance with its terms.
7,0 RENEWAL,
Upon mutual written agreement, the Department and the Contractor may renew the Contract for
up to three (3) years as allowed by Section 287.057 (13)(a), Florida Statutes and pursuant to the
provision of PUR 1000 Section 26.
Contract No.: 618 - 000 -11 -1
Page 4 of 6
497 of 745
8.0 INTELLECTUAL PROPERTY
The parties do not anticipate that any intellectual property will be developed as a result of this
contract. Any intellectual property developed as a result of this contract will belong to and be the
sole property of the state. This provision will survive the termination or expiration of the contract.
9.0 PREFERRED PRICE
The Contractor agrees to submit to the Department at least annually an affidavit from an
authorized representative attesting that the Contractor is in compliance with the preferred pricing
provision in Section 5.14 Best Pricing Comparison of the ITN.
1.0.0 CON'T'RACT DOCUMIN'T'S
This Contract, together with the following attached documents, set forth the entire understanding
of the parties with respect to the subject matter. In case of conflict, the terms of this Contract
shal I control. If a conflict exists among any of the attached documents, the documents shall have
priority in the order listed:
A. ATTACHMENT I:
Office and Educational Consumables ITN No.. 618- 001 -10 -1, as amended.
B. ATTACHMENT Tx:
Contractor's Response to the ITN.
C. ATTACEUVIENT III:
Contractor's Best and Final Offer Pricing.
I1.0 CONTRACT MANAGENWN'T
A. Contract Manager
The Department employee who is primarily responsible for overseeing the Contractor's
performance of its duties and obligations pursuant to the terms of this Contract, The
Contract Manager shall be as fol lows:
Mark Hernandez
Division of State Purchasing
Department of Management Services
4050 Esplanade Way
Tallahassee, FL 32399 -0950
Telephone: (850) 414 -6741
Fax: (850) 414.6122
E -mail: mark.hep dez r� dms,mvflorida.00m
The Department may appoint a different Contract Manager, which shall not constitute an
amendment to the Contract, by sending written notice to Contractor. Any communication
to the Department relating to the Contract shall be addressed to the Contract Manager.
B. Contract is Rearese►atative
Morrie Norwood
Office Depot
4300 -1 Tennessee Street
Tallahassee, FL 32034 [city, state, zip]
Telephone 850- 575 -0255
Fax: 850 - 575 -1581
E -mail: mom rwood fficede t.cotn
Contract No.- 618- 000 -11 -1
.Page 5 oP6
498 of 745
State of Florida
Department of Management Services
k,
By: Linda S South
/V �f
Date
Contractor:
gn ,ie
Print Name
— ioj to
Date
�'
C:oai cract No.: 418- 000 -11 -1
Approved as to form and legality
by the Departme General Counsel's Office
by • N 5enne—
-
hate
499 of 745
Page 6 of 6
Attachment If:
Contractor's Response to the ITN.
500 of 745
Attachment IU:
Contractor's Best and Final Offer Pricing
501 of 745
Product Category
BAFO Office Depot Discount % off List
Core
Breakroom tx Cleaning Su lies
40%
Consumables
66%
Folders Binders & Accessories
70%
Toner - HP
35%
Toner - Non HP
32%
IT Perl herals
34%
E ui ment
30 %
Nan -Core
Breakroom & Cleaning Supplies
40%
Consumables
66%
Folders Binders & Accessories
70%
Pa er -Other
60%
Toner- HP
35%
Toner- Nan HP
32%
Toner - Reman
63%
IT Peripherals
34%
Equipment
30%
Generic Core and Non -Core
Consumables
79%
Folders, Binders & Accessories
75%
Equipment
36 %
M Peripherals
32%
Paper - Other
71%
Breakroom & Cleaning Supplies
55%
Paper - 20# White (Recycled and Vir in
79%
Toner - Non H P
01%
Toner — Remanufactured
83%
502 of 745