HomeMy WebLinkAboutC-5278 - Service Agreement for Reprographic ServicesSERVICE AGREEMENT
WITH OFFICE DEPOT, INC., FOR
REPROGRAPHIC SERVICES
THIS SERVICE AGREEMENT ( "Agreement') is made and entered into as of this
1st day of January, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ( "City "), and OFFICE
DEPOT, INC., a Delaware corporation ( "Contractor"), whose address is 6600 North
Military Trail, Boca Raton, Florida 33496 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to provide reprographic services to all City
departments ( "Project "),
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
D. The principal member of Contractor for purposes of Project shall be Donna
Carranza, Solutions Development Manager.
E. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1.1 On July 12, 2010, The Cooperative Purchasing Network ('TCPN ")
awarded Contractor TCPN Contract No. R5023 for Office Supplies, Related Products
and Office Services (as amended to date, the "Master Agreement'), which permits
government entities to purchase goods and services in accordance with terms and
conditions set forth in the Master Agreement. The purpose of this Agreement is to allow
the City to purchase supplies from Contractor at the discounted prices set forth in the
Master Agreement. The undersigned representative of the City is authorized, on behalf
of the City, to contract with Contractor for the purchase of the office supplies and
services in accordance with the terms of the Master Agreement and this Agreement.
1.2 To that end, the Master Agreement is hereby incorporated by reference as
if set forth herein in its entirety, and attached hereto as Exhibit A, 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 Agreement, this Agreement shall
prevail
2. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2015 unless terminated earlier as set forth herein.
3. SERVICES TO BE PERFORMED
City and Contractor acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. Contractor shall
diligently perform all the services described in the Scope of Services attached hereto as
Exhibit B and incorporated herein by reference ( "Services" or "Work"). The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
4. TIME OF PERFORMANCE
4.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit B. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Contractor to
strictly adhere to the schedule set forth in Exhibit B, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
4.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within one (1) business day of the occurrence causing the delay to the
other party so that all delays can be addressed.
4.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than one
(1) business day after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Contractor's control.
4.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
5.1 City shall pay Contractor for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section, the Schedule of Billing
Rates or Progress Payments Schedule attached hereto as Exhibit C and incorporated
herein by reference and the Master Agreement. Exhibit C sets forth the pricing under
the Master Agreement as of the Effective Date. Such pricing offered hereunder will be
updated in accordance with any updates pursuant to the Master Agreement.
Contractor's compensation for all Work performed in accordance with this Agreement,
OFFICE.._ DEPOT, . Page
including all reimbursable items and subcontractor fees, shall not exceed Six Hundred
Thousand Dollars and No /100 ($600,000.00) without prior written authorization from
City. In the event there are any billing rate changes resulting from changes to the
Master Agreement, Contractor shall notify City no less than thirty (30) days prior to any
rate changes taking effect.
5.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Contractor no later than
thirty (30) days after approval of the monthly invoice by City staff.
5.3 City shall reimburse Contractor only for those costs or expenses
specifically identifiedherein, or specifically approved in writing in advance by City.
5A Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit C and the Master Agreement.
6. PROJECT MANAGER
6.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Donna Carranza,
Solutions Development Manager to be its Project Manager. Contractor shall not
remove or reassign the Project Manager or any personnel listed in Exhibit B or assign
any new or replacement personnel to the Project without the prior written consent of
City. City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
6.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
7. ADMINISTRATION
This Agreement will be administered by the Finance Department. The
Administrative Support Services Coordinator or his /her designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his /her designee shall represent City in all matters pertaining to
the Services to be rendered pursuant to this Agreement.
OFFICE DEPOT, INC. Page 3
8. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one (1) copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
9. STANDARD OF CARE
9.1 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest industry standards.
For purposes of this Agreement, the phrase "highest industry standards" shall mean
those standards of practice recognized by one (1) or more first -class firms performing
similar work under similar circumstances.
9.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Contractor certifies that the Work conforms to the
requirements of this Agreement and all applicable federal, state and local laws and the
highest industry standard.
9.3 Contractor represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
9.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
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10.1 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties') from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and /or willful acts, errors and /or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
OFFICE DEPOT, INC. Page 4
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
102 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Contractor.
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
12. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
13. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
14. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and progress
of the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
OFFICE DEPOT, INC. Page 5
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit D, and incorporated herein by reference.
16, PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint - venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit B. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
Of City.
18, OWNERSHIP OF DOCUMENTS
18.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Contractor, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Contractor or any other party. Contractor shall, at Contractor's
expense, provide such Documents to City upon prior written request.
18.2 Documents, including drawings and specifications, prepared by Contractor
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Contractor will be at City's sole risk and without liability to Contractor. Further, any and
OFFICE DEPOT, INC. Page 6
all liability arising out of changes made to Contractor's deliverables under this
Agreement by City or persons other than Contractor is waived against Contractor and
City assumes full responsibility for such changes unless City has given Contractor prior
notice and has received from Contractor written consent for such changes.
All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes, and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
21. INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement or alleged infringement of any United States' letters patent, trademark, or
copyright, including costs, contained in Contractor's Documents provided under this
Agreement.
22. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
23. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
OFFICE DEPOT, INC. Page 7
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Contractor,
the additional design, construction and /or restoration expense shall be borne by
Contractor. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
26. CONFLICTS OF INTEREST
26.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
26.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
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27.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from Contractor to City shall be addressed to City at:
Attn: Administrative Support Services Coordinator
Finance Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 -644 -3127
Fax: 949 -644 -3339
27.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
OFFICE DEPOT, INC. Page 8
Office Depot, Inc.
14600 Trinity Boulevard
Suite 300
Fort Worth, Texas 76155
Attn: Dave Wetzel, Director, Public Sector
With a copy to:
Office Depot, Inc.
6600 North Military Trail
Boca Raton, FL 33496
Attn: Office of the General Counsel
28. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. The Contractor and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, the Contractor shall be required to file
any claim the Contractor may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
• _ •1
29.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. if such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
29.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
OFFICE DEPOT, INC. Page 9
30. STANDARD PROVISIONS
30.1 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30,6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
30.7 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.8 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
30.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
OFFICE DEPOT, INC. Page 10
30.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
OFFICE DEPOT, INC. Page 11
i
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I z g 13
By:
Aaro rp K*
City Attorney � IN
ATTEST:
Date: p(
By:
Leilani I. Brown
City Clerk
CA L1 V',dF
CITY OF NEWPORT BEACH,
a Californiau icial corporation
Date: 9
By:
Keith Curry
Mayor
CONTRACTOR: OFFICE DEPOT, INC., a
Delaware corporation
Date:
B `iVG C6�
y�
Chris McEntee
Vice President, West Region
Vice President, Copy and Print Depot
[END OF SIGNATURES]
Attachments: Exhibit A — Master Agreement
Exhibit B — Scope of Services
Exhibit C — Schedule of Billing Rates/ Progress Payment Schedule
Exhibit D — Insurance Requirements
Al2-00761
OFFICE DEPOT, INC. Page 12
OFFICE DEPOT, INC. Page A -1
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VENDOR CONTRACT
Between and
THE COOPERATIVE PURCHASING NETWORK (TCPN)
Office Supplies, Related Products, and Office Services
The following pages will constitute the contract between the successful vendors(s) and
TCPN. Bidders shall state, in a separate writing, and include with their proposal
response, any required exceptions or deviations from these terms, conditions, and
specifications. If agreed to by TCPN, they will be incorporated into the final contract.
The Vendor Contract ( "Contract ") made and entered into by and between The
Cooperative Purchasing Network, (hereinafter referred to as "TCPN ") a government
cooperative purchasing program sponsored by Region 4 Education Service Center,
having its principal place of business at 7145 West Tidwell, Houston, TX 77082 -2098,
Please refer to Addendum to the Cooperative Purchasing Network Request for
Proposal attached by Office Depot, Inc.
This contract consists of the provisions set forth below, including provisions of all
attachments referenced herein. In the event of a conflict between the provisions set
forth below and those contained in any attachment, the provisions set forth shall control.
GENERAL TERMS AND CONDITIONS
t. Freight (if applicable)
All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all
pricing offered unless otherwise clearly stated in writing.
2. Warranty conditions
All supplies, equipment and services shall include manufacturer's minimum
standard warranty and one (1) year parts and /or labor warranty, unless otherwise
agreed to in writing.
1 Customer support
The Vendor shall provide timely and accurate technical advice and sales support to
TCPN staff and TCPN participants. The Vendor shall respond to such requests
within one (1) working day after receipt of the request. The Vendor shall provide free
training to TCPN staff regarding products and services supplied by the Vendor if
required.
4. Contracts
All contracts and agreements between a Vendor and a TCPN participant shall
strictly adhere to the statutes that are set forth in the Uniform Commercial Code as
most recently revised and adopted by the state in which the transaction occurs.
Tie k !r y Ca re
Contracts for purchase will normally be put into effect by means of a purchase
order(s) executed by authorized agents of the participating government agencies.
Tax exempt status
All Texas government agencies participating in TCPN are exempt from payment of
taxes under Chapter 20, Title 122A of the Revised Civil Statutes of Texas, for the
purchase of tangible personal property. Laws of other states shall apply within those
states.
Knowing the tax laws in other states is the responsibility of the vendor.
6. Assignments of contracts
No assignment of contract may be made without the prior written approval of TCPN.
Payment can only be made to the awarded Vendor unless approved by TCPN and
the participating entity making the payment.
Vendor is required to notify TCPN when any material change in operations that may
adversely affect TCPN's members, whether perceived or actual, i.e. bankruptcy,
change of ownership, merger, etc. Vendor agrees to provide updated financial
records every year the contract is renewed. Vendor will provide this to TCPN within
30 days prior to contract renewal date. Vendor agrees to provide updated financial
information beyond the renewal of the contract upon written request by TCPN. This
will be provided within 30 days of the written request.
Disclosures
Vendor affirms that he/she has not given, offered to give, nor intends to give at any
time hereafter any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor or service to a public servant in connection with this
contract.
Vendor shall attach, in writing, a complete description of any and all relationships
that might be considered a conflict of interest in doing business with participants in
TCPN.
The vendor affirms that, to the best of his /her knowledge, the offer has been arrived
at independently, and is submitted without collusion with anyone to obtain
Information or gain any favoritism that would in any way limit competition or give an
unfair advantage over other vendors in the award of this contract.
Bidder must comply with the following conflict of interest procedures — local
government code Chapter 176 — Disclosure of certain relationships with local
government officers, providing public access to certain information.
8. Renewal of Contracts
Unless otherwise stated, all contracts are for a period of one (1) year with an option
to renew annually for an additional four (4) years if agreed to by TCPN and the
awarded Vendor. Vendors shall honor the administrative fee for a period of 30 days
on any sales made based on a TCPN contract whether the Vendor is awarded a
Tttkiirg are of&urrnerr
renewal or not. TCPN reserves the right to monitor the financial stability of any
awarded contract holders on an ongoing basis at any time. As part of the renewal
process TCPN will evaluate the most recent financial information to assist in the
determination of continuing to renew the contract for another 12 months.
9. Funding out clause.
Any /all contracts exceeding one (1) year shall include a standard "funding out"
clause. A contract for the acquisition, including lease, of real or personal property is
a commitment of the Entity's current revenue only, provided the contract contains
either or both of the following provisions:
Retains to the Entity the continuing right to terminate the contract at the expiration of
each budget period during the term of the contract and is conditioned on a best
efforts attempt by the Entity to obtain appropriate funds for payment of the contract.
10. Ordering Procedures
Purchase orders are issued by participating agencies to the Vendor per TCPN
contract. Participating agencies must send purchase orders to TCPN, unless
otherwise stipulated by TCPN. TCPN will review and forward orders to the Vendor
within one working day, Confirmation of receipt of order may be requested by
TCPN.
11. Shipments (if applicable)
The Vendor shall ship ordered products and services within two (2) to ten (10)
working days. If a product andlor service cannot be shipped within that time, the
Vendor shall notify TCPN as to why the product has not shipped and shall provide
an estimated shipping date, if applicable. The participant may cancel the order if
estimated shipping time is not acceptable.
12. Invoices
The Vendor shall submit invoices, in duplicate, to the TCPN participant. Each
invoice shall include the TCPN participant's purchase order number as well as the
TCPN Contract Number. The shipment tracking number or pertinent information for
verification of TCPN participant receipt shall be made available upon request. If
TCPN participant does not specify payment terms, the acceptable payment term for
participants for carpet product is to be invoiced at time of shipment and billing for
installation services is billed upon completion and accepted by TCPN participant.
Jobs exceeding sixty days, periodic partial labor invoices may be generated based
upon percent completion.
13. Reporting
The vendor shall electronically provide TCPN with a detailed Monthly report
showing the dollar volume of all sales under the Contract for the previous Month.
Reports shall be submitted to Lorraine Vuong at Ivuong(dtcpn.org. Reports are
due on the fifteenth (15'") day after the close of the previous month. It is the
responsibility of the vendor to collect and compile all sales under the Contract from
participating members and submit one (1) quarterly report. The monthly report shall
include: purchase order number, member name, city /town, sales total and date. The
10 ZION
Ta k Ing Care e f, 6 x +r i" e r r
monthly reporting requirement may be amended to allow for quarterly reporting
upon mutual agreement in writing amending this provision. A sample report is
included in this solicitation. Upon mutual agreement reports may be submitted
quarterly.
14. Payments
The TCPN participant will make payments directly to the Vendor.
16. Pricing
The Vendor agrees to promptly lower the cost of any product purchased through
TCPN following a reduction in the manufacturer or publisher's direct cost to the
Vendor. Price increases will be allowed upon proper justification. TCPN reserves
the right to evaluate such requests and may decline or reduce the price increase if it
deems appropriate. Or TCPN may adjust the price accordingly. However, the
Vendor shall honor previous prices for sixty (60) days after written notification to
TCPN of an increase.
All pricing submitted to TCPN shall include the two percent (2 %) participation fee to
be remitted to TCPN by the Vendor. It is the vendor's responsibility to keep all
pricing up to date and on file at TCPN. All price changes shall be presented to
TCPN using the same format as was accepted in the original proposal.
16, Administrative Fees
TC: -N will invoice the Vendor on a monthly basis for the administrative participation
fee. This may be amended to quarterly basis upon mutual consent. The invoice will
be based on total sales made through the TCPN Contract with the Vendor. The
Vendor shall remit payment to TCPN at net thirty (30) day terms.
17. Indemnity
The Vendor shall protect, indemnify, and hold harmless TCPN and its participants,
administrators, employees and agents against all claims, damages, losses and
expenses arising out of or resulting from the actions of the Vendor, Vendor
employees or Vendor subcontractors in the preparation of the RFP and the later
execution of the Contract. Any litigation involving Region 4, TCPN, its
administrators and employees and agents will be in Harris County, Texas. Any
litigation involving TCPN's participants shall be in the jurisdiction of the participating
agency.
18. Multiple Contract Awards (if applicable)
TCPN reserves the right to award multiple contracts for each commodity category.
Commodity categories are established at the discretion of TCPN.
18. State of Texas Franchise Tax and Other Taxes
By signature hereon, the prospective vendor hereby certifies that he/she is not
currently delinquent in the payment of any franchise taxes owed the State of Texas
Emammum Taklny Care of'amfoerr
under Chapter 171, Tax Code or state taxes owed in states in which business will
be conducted under the terms of this contract.
20. New Products
New products that meet the Contract product specifications may be added to the
existing Contract. Pricing shall be equivalent to the percentage discount of other
products. Vendor may replace or add product lines to an existing Contract if the line
is replacing or supplementing products on Contract, is superior to the original
products offered, is discounted in a similar or to a greater degree and/or if the
products meet the requirements of the original solicitation. Vendor will submit
revised Catalogues annually and may submit updated catalogues earlier. In the
event a price increase occurs, the previous prices will remain in effect for 30 days
after acceptance of the higher prices. Additionally, revised catalogues will be
distributed to TCPN and its participating entities. No products may be added to
avoid competitive procurement procedures. TCPN may reject any additions, without
cause.
21. Promotion of Contract (Marketing Plan)
Vendor shall provide to TCPN a marketing plan for promoting the TCPN Contract.
This plan shall cover all areas and states applicable. Vendor shall demonstrate how
the TCPN Contract will be used as a primary contract offering to participating
agencies. Encouraging participating agencies to circumvent the Contract by
purchasing directly from Vendor will result in probation or termination of Contract.
Vendor must obtain prior approval from TCPN before utilizing promotional material
utilizing TCPN name or logo. TCPN will not unduly withhold such approval.
22. Website Support
Vendor agrees to allow TCPN to publish their name and logo in our website.
23. Supplemental Agreements
The TCPN participant and Vendor may enter into a separate supplemental
agreement to further define the level of service requirements over and above the
minimum defined in this Agreement i.e. invoice requirements, ordering
requirements, on campus service, specialized delivery, etc. Any supplemental
agreement developed as a result of this RFP is exclusively between the TCPN
participant and Vendor. TCPN, its agents, members and employees shall not be
made party to any claim for breach of such agreement. Any supplemental
agreement between Vendor and the TCPN participant is exclusively between the
TCPN participant and the Vendor and will be subject to immediate cancellation by
the TCPN participant (without penalty to the TCPN participant) if, in the opinion of
the TCPN participant, the quality, service, and specification requirements, and/or
the terms and conditions are not maintained as stated in the supplemental
agreement.
Office DEPOT.
TakiiryCureal Affinerf
24. Miscellaneous
Either party may cancel this contract in whole or in part by providing written notice.
Upon cancellation, the contractor will provide assistance in moving TCPN members
using the program to other programs under the TCPN program or approved by
TCPN. The cancellation will take effect 30 calendar days after the other party
receives the notice of cancellation. The Vendor acknowledges and agrees that
continued participation in TCPN is subject to TCPN's sole discretion, and that any
Vendor may be removed from the participation in the Program at any time with or
without cause and must be notified in writing. All work will cease after completion of
final accepted order.
Nothing in the Contract or in any other communication between TCPN and the
Vendor may be construed as a guarantee that TCPN participants will submit any
orders at any time. TCPN reserves the right to request additional proposals for items
already on Contract at any time.
25. Certificates of Insurance
Certificates of Insurance, name and address of Vendor, the limits of liability, the
effective dates of each policy and policy number shall be delivered to the TCPN
participant prior to commencement of work. The insurance company shall be
licensed in the State of, and shall be acceptable to, the TCPN participant. The
Vendor shall give the TCPN participant a minimum of ten (10) days notice prior to
any modifications or cancellation of policies. The Vendor shall require all
subcontractors performing any work to maintain coverage as specified by the State
in which the work is being performed.
Contractor's Liability Insurance Minimum
Coverage
Employer's insurance:
Worker's Compensation Statutory
Employer's liability:
Bodily injury by accident
Each Occurrence $100,000.00
Bodily injury by disease
Each Employee $100,000.00
Policy Limit $1,000,000.00
Commercial General Liability
Includes Independent. Contractor's Liability; Contingent Liability; Contractual Liability;
Completed Operations and Products Liability, all on the occurrence basis, with
Personal Injury Coverage, Owner's Indemnity, and broad form Property Damage
without the XCU exclusions. Maintain Completed Operation Liability for at least two
years after the date of final completion.
Combined limits of bodily and personal injury and property damage:
! (41L- �►
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Single limit
Unimpaired aggregate
$500,000.00
$500,000.00
Comprehensive automobile liability:
Include non - ownership and hired car coverage as well as owned vehicles.
Bodily damage
Each Person $250,000.00
Each Occurrence $500,000.00
Property damage
Each Occurrence $250,000.00.
0-)
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The undersigned hereby proposes and agrees to furnish goods and/or services In strict
compliance with the terms, specifications and conditions at the Prices quoted unless noted In
uniting. The undersigned further certifies that he or she is an officer of the company and has
authority to negotiate and contract for the company named below, If addenda to this RFP are
released, indicate the receipt of adderrta by entering the number of addenda here: 04,4 W
Prices are guaranteed for (minimum of 190 days): Lk 55 2�r QUQt 3rg.g ialtS d_f 1£i�
days, S 9C .4tCr1 i. fffteQ ace loa""e' 1 Own -0 vgc tdnt Off. bt- ,ot.Loe'bow of, sfzwon*t'
Company name: Q floc Qeppt,J c.
Address: lr:�_Ttuii_y G.cfulevard _Butte 3tX
CtyistatAtzip: ftxt YV tsi, -TX 7f f 5
Telephone No.: H88 438 H9
Fax No.: 888 438 -RQW
Email address: ochn.lander)a ff e , .c m
Auttxxized signature: EXCEPTIONS TO
TERMSA N -
Printed name: )gh_2T,_Wpder
Position with company: Vice P3 -e5 dent
Sales representative's name: Sales Director
Web site URL. httc:,','bsd,ofrcLdeoctsMm
Accepted by The Cooperative purchasing Network:
'
Term of contract 2 , to to
1
Unless otherwise stated, all contracts are for a period of one (1) year with an option to renew
annually for an additional four (4) years If agreed to by TCPN and the awarded Vendor,
Vendors sh$ honor tall participation fees for any sales made based on a TCPN Contract
winether6i Vendor is awor t1" a renewal or not,
TCPN Authortaed Signa ure Date
Print Name
Approved try Region 4 ESC by ro
Date
Approved by Mary C. Obren
Accommodation School District
Date:
Sa
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ADDENDUM TO
THE COOPERATIVE PURCHASING NETWORK
REQUEST FOR PROPOSAL
#09.09
OFFICE SUPPLIES, RELATED PRODUCTS, AND OFFICE SERVICES
This Addendum to the Request for Proposal #09 -09 for office supplies, related products, and
office services ( "Bid ') is entered into by and between Office Depot, Inc. ( "Vendor" or "Office
Depot') and The Cooperative Purchasing Network ( "TCPN "). The parties hereby further agree
as follows:
As to Instructions to Bidders
1. Page 3 of 53, Section Purchasing Procedures Add the following as a final bullet:
It is the responsibility of the TCPN member (Participating Agencies) to reference the
TCPN contract number on such orders. Vendor will not be liable or responsible for
mandating member business practices.
2. Page 9 of 53, Section I. Debarment and /or Suspension Add the following to the
section:
During 2008, Office Depot was the subject of suspension and debarment actions by the
State of Georgia, but the State rescinded those actions after Office Depot showed them
to be unwarranted. Specifically, in February 2008, the State of Georgia suspended Office
Depot pending a debarment determination and in June 2008, the State issued its
debarment determination. The State rationalized its decision primarily on its belief that a
total of ten items, which it selected for testing, were priced incorrectly or were
discontinued and were not identified with proper substitutes. Office Depot thoroughly
researched those items and conclusively showed the State that the items were correctly
priced. Office Depot also offered a solution to ensure users could more easily identify
substituted products in accordance with the contract. Thereafter, following extended
discussions with the State in July 2008, the State of Georgia rescinded its suspension
and debarment determinations. Today, Office Depot continues to offer superior products
and services to government agencies in the State of Georgia through stand -alone
agreements or through our program with U.S. Communities, which we believe evidences
the satisfaction of our sales and services by Georgia customers.
1 Page 10 of 53, Section J. Signed Vendor Contract Delete the section in its entirety.
As to Vendor Contract General Terms and Conditions:
Section 1 Freight (if applicable) Delete the section in its entirety and replace with the
following:
MINIMUM ORDER VALUE. Pricing for products set forth in this Agreement is based on
an instituted minimum order value of $50.00 per order. Orders that are processed as an
exception will be processed subject to a $9.95 special handling fee.
L3 ! Ik
Taking Caleof,8scrinea,
Office Depot stocked merchandise shall be delivered F.O.B. Destination unless the
product exceeds 70 lbs. and/or 110" in length/width. In such case there will be an
additional special handling charge that is communicated to the customer.
2. Section 2 Warranty conditions Delete the section in its entirety and replace with the
following:
To the extent TCPN requires Vendor to provide warranties on products sold to TCPN,
Vendor's warranties shall be limited to Vendor - branded products. For all other products,
Vendor will pass through to TCPN, to the extent permissible under applicable law, all
manufacturer- supplied end -user warranties.
3. Section 6 Assignments of contracts In the first paragraph, first sentence, delete
'TCPN" and replace with the following: either party. Delete the second sentence in its
entirety.
4. Section 8 Renewal of Contracts Insert:
Each contract renewal shall be mutually agreed upon in writing by both parties.
5. Section 9 Funding out clause Add the following to the section:
in the event that the resulting contract Is terminated by reason of non - appropriation of
funds as contemplated in this section, TCPN shall pay for all materials received and
services rendered through the effective date of termination.
6. Section 14 Payments Add the following new paragraph:
Payment terms shall be net thirty (30) days from the date of invoice. TCPN Participating
Agencies' credit limit shall be established by Vendor's Credit Department. Vendor
reserves the right to tower TCPN individual Participating Agencies' credit limit or refuse to
ship any orders if at any time: (1) TCPN Participating Agency account is materially past
due and TCPN Participating Agency has not responded with a reasonable response
within three (3) business days of written notice of said delinquency to work with Vendor to
resolve the issues; (2) in Vendor's commercially reasonable opinion, TCPN Participating
Agency credit standing becomes impaired as a result of TCPN Participating Agency
payment habits having slowed down to an unsatisfactory level with all non - critical
suppliers including Vendor; (3) TCPN Participating Agency financial condition becomes
unstable based on TCPN Participating Agency financial reports or reputable third party
ratings, or (4) if there are severe risk alerts from reputable third party credit bureaus.
Section 15 Pricing Delete in its entirety and replace with the following:
The Vendor agrees to provide list price increases and decreases at each six (6) month
update of the pricing per Tab 9, Paper and Electronic Price Lists of any product
purchased through TCPN. Price increases or decreases will be allowed upon 30 day
written notice of Vendor System List price change. TCPN reserves the right to evaluate
such requests and may decline or reduce the price increase if it deems appropriate. Or
TCPN may adjust the price accordingly. However, the Vendor shall honor previous
prices for thirty (30) days after written notification to TCPN of an increase or decrease.
Notwithstanding any other provision of this Agreement, if during the Initial Term or any
Renewal Term of this Agreement any product Category (including without limitation paper,
t Myl . w !
Jak/np Care o/`'73arinerr
toner, furniture, technology and general office supplies) is bid out or removed from
Vendor's product mix, Vendor may modify pricing for the remaining categories.
Should changes in Customer's account(s) profitability occur due to factors such as (but
not limited to) decrease in revenue, increased cost to service TCPN Participating Agency
account(s), and unforeseen changes in market conditions, Vendor may adjust the pricing
and program offered hereunder in order to attain profitability anticipated based on
information TCPN provided to Vendor during the request for proposal process.
Vendor may re- evaluate program pricing and adjust pricing accordingly, or terminate this
Agreement, if TCPN Participating Agencies do not meet the Minimum Annual Spend
requirements described herein anytime during the Initial Term and/or any Renewal Term
of this Agreement.
All pricing submitted to TCPN shall include the two percent (2 %) participation fee to be
remitted to TCPN by the Vendor. It is the vendor's responsibility to keep all pricing up to
date and on file at TCPN. All price changes shall be presented to TCPN using the same
format as was accepted in the original proposal,
8. Section 16 Administrative Fees Delete in its entirety and Insert the following
Quarterly Administrative Fees. Office Depot will pay Customer a quarterly administrative
fee based on Customer's paid -for purchases, net of returns, discounts and credits
( "Spend "), provided that Customer is not materially delinquent in paying undisputed
invoices as required under the Agreement. The Quarterly Administrative Fees shall be
disbursed within sixty (60) days of each calendar quarter of the Effective Date.
Section 17 Indemnity Delete the section in its entirety and replace with the following:
Each party (the "Indemnifying Party ") will defend, indemnify and hold harmless the other
party and all of its officers, directors, employees, agents, successors and assigns (the
"Indemnified Party") from and against any and all third -party claims, demands, actions,
suits, tosses, liabilities, damages (including taxes), and all related costs and expenses,
including without limitation reasonable attorneys' fees (collectively "Losses ") due to,
arising from or relating to (a) the Indemnifying Party's breach of one of its
reoresentations, obligations, warranties or covenants set forth in this Agreement; (b) any
actual or alleged 'infringement, violation or misappropriation of the intellectual property
rights of any third party; (c) the negligent, willful or reckless act or omission of the
Indemnifying Party; or (d) death, personal injury, bodily injury or property damage caused
by the Indemnifying Party. The Indemnifying Party's obligation to indemnify hereunder is
predicated upon the Indemnified Party (i) giving prompt written notice of any Loss, (ii)
giving the Indemnifying Party the opportunity to assume sole control over the defense
and settlement, if applicable, of the Loss, and (iii) providing, at the Indemnifying Party's
sole expense, all reasonably requested and relevant information, assistance and
authority to enable the Indemnifying Party to perform its obligations hereunder. The
Indemnifying Party agrees not to settle any Loss without the Indemnified Party's written
consent, which shall not be unreasonably withheld.
LIMITA'[IQN 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.
•
%irrice DEPOT,
Tax-log Care o f r� w r i n e r r nammomn
10. Section 20 New Products Insert the following.
Office Depot agrees to provide updated printed 8SD catalogs at a minimum of two (2)
times per year. Office Depot will provide 30 days advance notice of the intent to update
pricing- Non -core pricing shall be updated per each pricing Option outlined in Tab 9,
Paper and Electronic Price Lists.
11, Section 21 Promotion of Contract Delete the following:
Vendor shall demonstrate how the TCPN Contract will be used as a primary contract
offering to participating agencies. Encouraging participating agencies to circumvent the
Contract by purchasing directly from Vendor will result in probation or termination of
Contract.
Insert the following:
Vendor will include a Marketing Plan outlined in Tab 6, Marketing Plan. Vendor shall
demonstrate how the TCPN Contract will be used as an OPTION for possible
participating agencies. Due to public laws, participating agencies have the right to
choose from all contracts available on the open market and/or to choose to bid
independently on their own behalf. The TCPN agreement will be offered to all
participating agencies who request a review of all available contracts open to their
possible use. In the event a TCPN participating agency specifically requests a
presentation of the TCPN program only, the TCPN program will be the only program
presented.
12. Section 22 Website Support After "website" add the following: in accordance with
Vendor's trademark usage policy as attached herein as Exhibit A.
13, Section 24 Miscellaneous In the second sentence, before "assistance" insert the
following: reasonable, in the fourth sentence, delete "or without cause ".
14. Section 25 Certificates of Insurance In the first paragraph, third sentence, fourth line
before "give" insert the following; endeavor to.
1S. Add a new section as follows:
Vendor's RFP Terms and Conditions as attached herein are made a part of and
included in the terms and conditions of the Bid.
00 C M - a N
roklny eare gf,8Mrinefr
Conflict: In the event of a conflict between the terms and conditions of this Addendum and the
terms and conditions of the Bid, the terms and conditions of this Addendum shall control.
OFFICE DEPOT, INC. THE COOPERATIVE PURCHASING NETWORK
By: By:
Name: John T. Lander Name:
Title: Regional Vice President
Date: Title:
EXHIBIT A
Office Depottb Trademark Usage Policy
• As used herein, the term "Office Depot Trademarks" shall mean all domain names,
trademarks, logos and other branding elements proprietary to Office Depot.
• The Office Depot Trademarks may not be used in any manner that expresses or might imply
Office Depot's affiliation, sponsorship, endorsement, certification, or approval, of any third -
party product or service.
• The Office Depot Trademarks may not be used in association with or combined with any
third -party trademark in a manner that might suggest co- branding or otherwise create
potential confusion as to source or ownership of the Office Depot Trademarks.
• The Office Depot Trademarks may not be included in any non -Office Depot trade name,
business name, domain name, product or service name, logo, trade dress, design, slogan, or
other trademark.
• When using the Office Depot Trademarks, never vary the spelling, add or delete hyphens,
make one word two, or use the trademarks in a possessive or plural form.
The Office Depot logo may only be used as provided by Office Depot electronically or in hard
copy form. When using an Office Depot logo, never modify the design, add or delete any
elements or words, change any colors or proportions. The logo may not be animated,
morphed, or otherwise distorted in perspective or dimensional appearance.
+ The Office Depot Trademarks may not be combined with any other symbols, including words,
logos, icons, graphics, photos, slogans, numbers, or other design elements.
• The Office Depot Trademarks may not be imitated or used as design features in any
materials.
TA,Finy Lareaf,8uriaerr
• The Office Depot Trademarks must include the appropriate 0 or 1'M symbol at least at the
first and most prominent mention on each visually distinguishable page of material. The
should be used in connection with all registered trademarks and the TM should be used in
connection with all non - registered trademarks.
• Each name, term or mark that is a trademark of Office Depot, or one of its subsidiaries or
affiliates, must include the applicable mark and trademark statement when it is used.
Example: "_ is a [trademark or registered trademark] of The Office Club, Inc.'
• The Office Depot Trademarks may not be used in any a false, misleading, derogatory, or
otherwise defamatory manner,
EXHIBIT B
SCOPE OF SERVICES
OFFICE DEPOT, INC. Page B -1
SCOPE OF SERVICES
1. ACCOUNT IMPLEMENTATION
Contractor, at its own expense, shall commit necessary resources to develop a
transition program for the City and its employees: Specific deliverables for this program
are as follows:
• A minimum of two (2) training sessions hosted by Contractor at the City of
Newport Beach Civic Center. The purpose of these sessions shall be for City
employees to become familiar with the Contractor, its operations and to ask
questions about the reprographic services provider transition;
• A minimum of one (1) scheduled production facility tour for City employees, if
requested;
• Any necessary follow -up training with City employees; and
• Production and distribution of an operations manual specific to the City that
contains contact information and procedures on order placement.
2. ACCOUNT ADMINISTRATION
City's Project Administrator shall designate those City departments and department
employees that shall be authorized to place reprographic orders with Contractor (hereby
defined as "Users. ") Each User shall be assigned a unique login on Contractor's online
ordering system. Contractor's nomenclature may vary, but capabilities of Users shall be
developed as follows:
TYPE 1
TYPE'2 -TYPE �'3 ';
pq
p
Ability to place orders
X
X X
N
AMU
.
Ability to proof, revise and
X-,
X X
, R11
edit orders as needed
-
"y
Ability to place re- orders for
X
X` X
commonly - ordered
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1
documents„
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Ability to receive cost
X"
X _ , l X"
estimates for each order
to
placement
-prior
Ability to research order
X
X X
history for their respective
orders
Ability to research order
XXr
history for entire department
`
Ability to research order
X�
histo for entire Cit
Type 1: Every City employee designated by the Project Administrator to be able to
Initiate orders.
Type 2: A minimum of one (1) City employee in each department that shall serve
as the primary liaison for that respective department.
Type 3: The City's Project Administrator or any other agreement administrators as
needed.
Contractor's online ordering system shall also possess the capability to establish, if
requested, a workflow approval process among the three (3) types of Users described
in this section.
is ZFEMIAM
For the provision of Services as described in this Agreement, reprographic services
performed for the City shall occur at the Contractor's designated primary production
facility, identified as follows:
Office Depot, Production Facility #2963
3500 East Willow Street
Long Beach, California 80815
Contractor may utilize its other production facilities located at Its local retail stores to
perform Services on an as- needed basis. These requests shall be processed on an as-
needed basis and upon approval of the Contractor's service representative.
4. PROJECT TYPES
Contractor shall provide all necessary labor, equipment, materials and supervision to
provide reprographic services to the City. Document types and services that may be
produced during the course of this Agreement may include, but are not limited to:
A. Printing and High-Speed Copying Services, including:
• Color printing, both one and two- sided, various sizes and stocks;
• Black and white printing, both one and two- sided, various sizes and stocks;
• NCR/Carbonless forms, both one and two- sided;
B. Offset Printing Services, including:
• Graphic Design/Artwork;
• Multiple color runs;
i •7 -J t
• One and two -sided printing; and
• NCR/Carboniess forms, one and two- sided.
C. Door Hanging Documents
D. Business Cards
• Contractor shall print business card masters containing the City's embossed
logo and store them, at Contractor's expense, until such masters are required
to fulfill City orders.
• Contractors online ordering system shall possess the capability for the
Project Administrator to upload several business card templates and allow all
other Users to modify only pre - designated text areas.
• Specifications for City business cards:
• Standard stock;
• Kromekote cover;
• Embossed City seat in 4- color; and
• One and two -sided printing.
E. Letterhead
F. Envelopes
• Envelopes required by the City are 10# regular, 10# window and will require
the City seal and address printed on.
• Specific text and address Information and print location may vary by City
department.
• Certain departments shall require window envelopes depending on the
Intended purpose.
G. Miscellaneous Bindery Projects, Including:
• Cutting;
• 3 -hole punching;
• Stapling;
• Collating;
• 2-sided copies;
• Binding;
• Padding;
• Folding;
• Saddle stitching;
• Perforating;
i +
• Numbering; and
• Scoring.
•
A. Users may initiate orders and requests for reprographic services utilizing the
following methods:
• The Contractor's online ordering system;
• Contacting the Contractor's designated representative(s) via telephone;
• Submitting project Information and requests directly to the Contractors
delivery courier, who shall be present at the Newport Beach Civic Center for
pickup and delivery purposes no less than once per City business day; or
• Performing a walk -up order request at the Contractor's production facility or
designated retail store location.
B. Contractor shall develop and produce, at its own expense, hard copies of a
routing slip that City personnel may use to submit orders to the Contractor's
courier.
C. All order requests from Users shall specifically indicate the following:
+ The urgency, which shall be either
• "Standard," defined as an order that the Contractor Is permitted to
complete and have delivered within three (3) business days of order
submission;
• "Next Day", defined as an order that the Contractor is required to complete
and have delivered by the next business day after order submission.
• "Priority," defined as an order that the Contractor is required to complete
and have delivered within six (6) hours of order submission.
• The delivery location for completed orders, which shall be one of the following
delivery locations:
• Newport Beach Civic Center;
• Newport Beach Police Department;
• City of Newport Beach Corporate Yard at 592 Superior Ave, Newport
Beach, CA 92663;
• Contractor's production facility; or
• Contractor's designated retail location
SCOPE OF SERVICES
D. Upon receipt of each order, Contractor shall contact the User who submitted the
order to confirm the order, verify order details and instructions, provide cost
estimates (if requested), and confirm order deadline and delivery requirements.
E. Contractor shall provide the User with a digital proof that shall be confirmed by
the User prior to order production. Contractor shall not be held liable for errors or
inaccuracies in orders that are not proofed by the City.
6. ORDER DELIVERY
A. Of the three (3) possible delivery locations for completed orders, the Newport
Beach Civic Center shall be considered the City's primary delivery location.
B. Contractor shall assign a courier to be present at the Newport Beach Civic
Center each business day, Monday through Friday, at a time and specific
location to be determined by the Project Administrator, for the purposes of order
delivery and to pick up any new orders from Users.
C. Contractor's courier shall visit the Newport Beach Civic Center at the designated
time and specific location regardless if there are completed orders to be
delivered, in the event that City Users wish to submit orders to the courier. While
the Newport Beach Police Department and Corporate Yard are also delivery
locations, Contractor's courier will only visit these facilities when there are
completed orders to be delivered.
D. Upon request, and denoted at time of order placement, completed orders may
also be picked up from the Contractor's production facility or designated retail
store location by City personnel.
E. Priority orders requiring same -day completion shall require same -day delivery or
pick -up by City personnel from Contractor's production facility or designated retail
store location.
A. Acceptance of work by City Is contingent upon City inspection and approval. City
shall have the right to inspect services provided at all reasonable times and
places. "Services" as used in this section includes services performed or
tangible material produced or delivered in the performance of services.
SCOPE OF SERVICES
B. If any of the services do not conform to order requirements, City may require
Contractor to perform the services again In conformity with order requirements, at
no charge to the City. When defects in the quality or quantity of service cannon
be corrected by re- performance, City may (a) require Contractor to take
necessary action to ensure that future performance conforms to order
requirements, and (b) equitably reduce the payment due Contractor to reflect the
reduced value of the services performed. These remedies do not limit the
remedies otherwise available at law, or in equity.
C. City reserves the right to refuse payment on Contractor invoices for orders that
do not meet submitted criteria.
8. PROJECT QUANTITY OF WORK
City makes no expressed or Implied promise as to the quantity of work or orders that will
be submitted. The rates provided in Exhibit B shall remain constant and unchanged
regardless of the actual quantity of work or orders that are submitted.
.1 MI. 01 TINS
September 11, 2012
Anthony Nguyen, Purchasing Agent
City'of Newport Beach
Email: anouyen rewoorlbeachca.gov
Dear Anthony:
Thank you.for giving Office Depot the opportunity to participate in the City of Newport Beach bid
for copy services. We want you to have a clear understanding of our capabilities while making
this important business decision.
We are fully prepared to dedicate the appropriate resources and experience to fully
accommodate the program requirements of the City of Newport Beach should we be selected to
serve your requirements. We have developed and described a number of value -added
programs that are specifically designed to benefit our customers and meet their varied and
constantly changing needs.
® Flexible order: submission for digital printing jobs; online, email, or hardcopy
• Regional print production facility able to handle any size project.
a Print Consultants available for in person job consultations
• Fully integrated billing functions to simplify accounts payable activities
Program and implementation training to be provided to ail interested departments
• 30% recycled paper stock included in all 20# B &W and Color copies
® In addition to receiving competitive pricing through the TCPN contract, purchases made
In the Custom Printing Services category will be considered when calculating volume
and e- commerce rebate Incentives.
Office Depot, one of the most recognized distributors in the office products industry, will use the
many advantages of our national distribution system, our expertise in electronic commerce, and
our industry leading approach to managing decentralized program environments, to ensure that
you receive the outstanding service you expect, and the program consistency that you require.
The City of Newport Beach is already participating in The Cooperative Purchasing Network
(TCPN) Master Agreement with Office Depot, rand this Agreement has, as part of it's overall
value, a competitive offering in the area of Print and Copy Services. It is Office Depot's
intention to provide the City of Newport Beach with a formal proposal to use the TCPN program
in response to this RFP. The pricing, terms and conditions of the TCPN program shall govern
any other terms and conditions if Office Depot is selected.
We.look forward to presenting more information on our programs and capabii'Nes „and welcome
a discussion of any additional specific requirements which you may have.
Sincerely, � -0- CtL
Chrts McEntee
Region Vice President
Proprietary and Confidential
9 ' !
ATTACHMENT E: PROPOSAL REQUIREMENTS CHECKUST
This checklist Is provided as a guide for proposers to assemble Proposals. As closely as passlble, please adhere to
the following format and order when assembling proposals Please note that part of the evaluation criteria
takes into consideration the responsiveness of a proposal; proposals missing any required attachments shall be
evalvated accordingly. Submtttais should follow the some order ondsections indkoted below:
PART1: TECHNICAL PROPOSAL SECTION
SECTION A: PROPOSER BACKGROUND
COVER LETTER
A cover letter not to exceed two (2) pages In length shall summarize key elements of the proposal
and outline why your firm is qualified for this Project. The cover letter shall be signed by a
representative able to submit a formal offer and bid the Proposer to contractual obligations.
See attached cover letter.
Identify key personnel from your firm, including specific personnel that would be assigned to this
Project, if any. Any and all Prime Contractor and Subcontractor relationships and responsibilities
must be detailed. Resumes for proposed assigned personnel should be Included, detailing relevant
experience and qualifications for this Project.
Dedicated Personnel — Dedicated Account Managers, Customer Service Representatives, and
Document Sales Consultants are provided to our customers to consult on their document needs
to ensure complete satisfaction. in addition to the support that we have at our print facilities, the
City of Newport Beach will have two dedicated account managers:
Donna Carranza, Solutions Development Manager — Print, will be responsible for account
rollout, training, and ongoing support to the Individual end users. She will be the direct contact
for customer questions and support. Donna has 20 years experience in the copy & print
Industry, including specialty experience in the "quick print" reprographics Industry, as well as
offset printing. Her expertise lies In the ability to find solutions quickly for end users. She also
has many years experience in working with cities and other public sector type accounts.
Cesar Vargas, Service Consultant — Print, will be assigned as a "print rep" to help individual
users with specific jobs and or assistance with order submission. Cesar has 9 years experience
In reprographic services. His strong background In offset printing aids in finding solutions for
customers while meeting budgetary needs.
Robert Diliey, Territory Development Manager, will be the dedicated rescource for overall
account maintenance, billing questions and customer sevice.
Proprietary and Confidential
PRODUCTION FACILITY INFORMATION
Provide information regarding the primary production facility that would handle this Project for the
City. Please Include a summary description of notable equipment being utilized at this facility as
well as output volume highlights. if applicable, also describe the other production facilities In the
area that may be called upon to handle Projects for the City. Proposers short- listed as a result of
this RFP will be called upon to host a tour of the production facility by City personnel.
Office Depot operates 70 Regional Production Facilities strategically located across the U.S.
producing over 2 billion digital prints annually. These large pass -key secure production facilities
use state -of -the -art equipment to maintain consistent quality. Regional production facilities have
the equipment capacity and labor to handle high volume projects quickly and efficlentiy. In
addition, we operate a print facility within each Office Depot retail store location, which can also
be a local source for some same -day turnaround projects.
Local Production Facility:
RPF 2983
3500 East Willow Street
Long Beach, CA 90875
Local Retail Location:
Office Depot #907
2200 Harbor Blvd. Suite O
Costa Mesa CA 92827
This chart on the following page shows a complete listing of our production equipment.
Proprietary and Confidential 4
Proprietary and Confidential
OfficemspoT.
SECTION B: METHODOLOGY
PROPOSAL— METHODOLOGY
Provide your proposed work plan, which shall address every point listed In the scope of services.
The Ideal work plan should provide an overview of the processes that would be utilized by your firm
in facilitating this Project and demonstrate familiarity with reprographic services. if your firm offers
additional services not specifically described in the Scope of Services, provide a description of these
services and the benefit they serve to the City.
All the offerings described below are currently available.
Printing and High Speed Copying Services
Web -based PrinFon- Demand from Office Depot is an Innovative print order service that helps
our public sector customers meet everyday print needs as well as time sensitive or confidential
print orders.
City personnel can place orders online 2417, from any computer with an Internet connection and
upload your files to our E- commerce site at business.officedeoot.com. Simply click Copy & Print
and then click Primp Your Documents. Our Print -on- Demand solution requires no initial setup to
access the array of digital options that Include:
• Black & while, or full color printing
• A variety of paper types and colors Including transparencies, linen, cardstock, certificate
paper and more
• A selection of document sizes —from letter size to large format
• Multiple binding and finishing options
For quick turnaround, we have fen (10) Regional Print Facilities that offer premium, high -speed
digital equipment and flexible, confidential shipping to your office, meeting site or multiple
destinations.
Office Depot offers the City of Newport Beach the flexibility of Integrated ordering, billing and
usage reports. Using your existing account number, a Print -on- Demand order can be combined
with your office supply orders In one consolidated and convenient statement.
Save on Print and Storage
Print -on- Demand enables the City to print only the document quantity needed — helping to save
on printing and storage costs. The City can also benefit from:
• Closed -door production facilities to assure confidentiality
• Convenient same day service at any of our 1,100 retail locations in the United States
File Cabinet Online Digital Archiving
Conveniently reorder documents by storing information in your own File Cabinet, an online
digital storage service provided at no additional cost. Fite Cabinet is a web -based repository
that securely holds all of your digital documents, converting them to a universal PDF format. File
Cabinet enables City users to:
Proprietary and Confidential 6
• Upload, save and share documents online
• Choose your access —exclusive use or share with others
Update and modify documents quickly and easily
■ Work remotely — collaborate with teams across multiple locations
Measurable benefits of our web based ordering system include:
• Compressed Implementation
• One URL to remember
• Single set of log -in credentials per user
• Consolidated shopping cart
• improved program compliance
• Customizable to meet your procurement needs
• Multiple methods for restriction by products, categories, dollar amounts, etc
• PO's stored or added as needed
• Declining balance PO's to ensure dollar amount of PO is not exceeded
• Cost Centers stored by user, drop down box, or entered on demand
• PCards stored by user or entered on demand
• Order histories
• On demand account management and reporting
Hard Copy Orders
Office Depot accepts hard copy orders. These orders can be placed via telephone call or email
to assigned support personnel. This process will be outlined during rollout training to assure that
all City departments are familiar with the process.
Order Turn - Around Time Parameters
Based on the size and complexity of the order, web based order delivery turn -around is typically
within 1 -3 business days of receiving the order. After receipt of the order, the end user will be
contacted by one of our Print Customer Service Teams within 34 minutes to go over the
specifics of the order and estimated delivery times. This is truly a differentiating factor between
Office Depot and our competitors who do not offer this level of service which greatly increases
the accuracy of the job and the satisfaction of the customer.
For orders placed at our retail location the same applies as above with the exception that in
many cases we can perform a same day turn time depending on job size and specifications.
Your Office Depot dedicated support team is here to provide you with solutions and assist with
your deadlines when needed. We will work to find the necessary capabilities at our local
facilities to complete your projects when needed.
Business Cards, Letterhead & Envelopes
Custom Stationery Online (CSO) offers the City of Newport Beach an integrated online solution
for acquiring organizational identity items like letterhead and envelopes.
Office Depot representatives will work with City departments to coordinate a set of agency
identity products tailored to their brand and specifications, Once live on the website, identity
products can easily be personalized and ordered at the same time as other office supply
products. This makes It simple to create professional correspondence at reasonable costs, with
online Instant pricing, ordering, proofing and browser -based file uploading.
Proprietary and Confidential 7
Office Die • M
Products include:
• Business cards
• Letterhead
• No. 10 envelopes
• Monarch letterhead
• Monarch envelopes
• Catalog envelopes
• Stamps
• Name plates
• Note cards
• Mailing labels
• Badges
• Memo pads
• Address labels
• Presentation folders
Other Offset Printing and Promotional Products Capabilities
In addition to the capabilities mentioned above, we offer a wide -range of traditional offset
printing as well as access to thousands of customized promotional products. What makes
Office Depot different from a traditional digital printer or offset printer Is that we Integrate both
businesses and consult with you to determine the application that is best fit for your needs, We
take into consideration available turnaround time as well as budgetary constraints to arrive at
printing solutions tailored for the City of Newport Beach. This engaging consultative process is
not offered by most print companies. Where you currently might be outsourcing to multiple
vendors to meet your additional print needs, with Office Depot as your partner, we will be able to
complete most of your orders seamlessly working with one single vendor. Fewer vendors
means less contacts for end -users, as well as single consolidated billing for your accounting
department, thus saving the soft costs often Incurred behind the scenes with order processing
and payment processing.
How We handle Important Documents such as "City Council Agendas" and "Planning
Commission Agendas"
Office Depot understands the City's need for production of confidential documents, turned
around often in a matter of hours due to public posting deadlines or for City council or
committee member advance review. Your print team will work with you to determine the best
solution for printing these documents that require this high attention to detail in a short
timeframe. For some customers, we print locally at an Office Depot retail location while for
others, we have the meeting dates planned ahead months in advance on our calendar, and we
are standing by awaiting the final digital files when each deadline approaches. Regardless of
what we agree upon for your specific situation, we will work with each City department to
determine their business - critical documents that fail within this area and will present a solution
that meets their needs.
Office Depot Account Billing Process
As with your current Office Depot supply account, we offer the same services that currently exist
for that account Seamless, integrated billing structure in line with your current supply invoices.
Additionally, Office Depot offers the opportunity to receive hard copy invoices, or take
advantage of our environmentally friendly electronic billing.
Proprietary and Confidential 8
Office3mpoir.
Training & Support
We have found the Ideal work plan starts at the implementation phase and rolls through the
training of end users to make them comfortable with the Office Depot Copy and Print solution.
During Implementation, Office Depot will deploy ample resources required to fulfill the needs to
support the transition for all city personnel. No cost or responsibility Is Incurred by the City for
this training.
Office Depot offers a multi -level rollout plan based on the specific needs of each department
and individual. This training will differ depending on If the Individual print user Is already
integrated into the Office Depot office supply web site. In addillon to our standard
implementation program, we are able to customize the training resources specifically to your
needs.
Regarding specific training during rollout, Office Depot has several options to ensure end users
become educated and establish a comfort level with the new processes. The following list
provides a description of our offerings, and we will work with you to customize training to best
meet the needs of city personnel. We provide:
• 1-on -1 website training
• Classroom training
• Webcasts
• Online Internet help
• Office Depot's Internet user's Guide (detailed instructions on placing orders)
At least one training session is recommended for all user groups. This session will explain the
account parameters and give a thorough overview of the functions of the website which is
designed to direct the end user to the core items. This training can also be designed to be
managed by the specific groups, site administrators, approvers, and end users. The style of the
sessions will be based on customer preference, i.e. all in one, or group style training.
Training is comprised of hands -on training of the Office Depot website to review the customer's
account parameters, along with a 0 & A session to answer any questions that the end users
may have relating to the ordering process and/or account structure. These sessions can be
presented through the following options:
• Webcast: Office Depot associate facilitates online training in a shared environment and
conference tail.
• Classroom: Office Depot associate provides training in classroom environment as a
presentation.
Our end user training Includes specific information for all new users with policies, procedures
and specific instructions like:
• How to place orders?
• Who to tali with problems or questions?
• And much more
Office Depot's support does not end when the implementation is completel We are always
there when your users have questions or concerns. Our well- trained and experienced print
support teams are ready to assist. We are always available to train new hires or new -to-
Proprietary and Confidential 9
103M614 113 • M
position users on a one- to-one basis. This training typically takes 30 minutes to one hour. In
addition, If you find the need to conduct additional classroom or web -cast trainings throughout
they year on a quarterly, semi- annual or annual basis, we would be happy to make those
options available.
Otlii.INE OF ORDERdNG PROCESS
Provide a step -by -step outline describing all the major steps of the ordering process starting from
the moment an order Is placed by City personnel. Involvement and responsibilities of the City and
Contractor should be identified and described. included should be a discussion regarding rush or
priority projects and how those are processed and delivered. Proposers short- listed as a result of
this RFP will be called upon to demonstrate their order system in a live setting.
Office Depot's goal is to make the print order process as simple as possible. Therefore, we
provide our customers multiple ways to place orders. Orders can be placed via our online tools
like 'online print center' or `custom stationary online" as well as email, hard copy pick up or drop
off at a local Office Depot store. No matter how we receive your order, our primary focus Is
producing quality documents correctly within a reasonable time frame. In most cases print
orders can be accessed online to view delivery notes. City departments will have access to our
print support team from 8:00 AM — 9:00 PM Monday through Friday. Our dedicated support
team can answer any questions about turn time production or help facilitate rush jobs when
necessary. The following is an example of the simple online order process using our 'file
cabinet°.
File Cabinet Order Process
• Click on the Office Depot link www .officedepot.comtbsdl000vandodnt
• Enter your login credentials and click
• Within this landing page focus on the File Cabinet file and click
• Enter Usermame 1 Password and click
• Click Order Catalog Items
• Locate your documents from the listed folders or click for additional options
• Enter quantity and click to order the document(s) desired
• Click Continue
• Click to review itemized pricing
• Confirm quantity and click Next to proceed
• Click to review your order and edit required information
• Click to submit your order
• Capture the 12 digit confirmation order number listed on the top portion of the screen. If you
have any questions, please contact our Copy & Print Depot Customer Service Team at 1-
800 -983 -3378
Proprietary and Confidential 10
Officemmpom
DESCRIPTION OF ONLINE ORDER SYSTEM
Provide a detailed description of the online ordering system that your firm will utilize in facilitating
this Project. This discussion should detail exactly how the proposed order system meets or exceeds
all requirements listed in Section 7 of the Scope of Services. Specific areas to address Include: how
City personnel will place orders, order tracking and order proofing. Screenshots or a PowerPoint
presentation may be attached to provide more information on your firm's order system.
Office Depot has the ability to accept and process orders electronically. Online ordering begins
by logging in on our secure and password protected Business Solutions Division website (Copy
htto .l1business.officedepot.com).
• Demonstration Login: DPSTEST
• Demonstration Password: DPSTEST
From there, users visit the *Copy & Print' Tab, whose services are completely Integrated within
the website. City personnel wishing to order additional services (i.e. office supplies, technology
and custom promotional products) can do it from this same website and receive accurate and
consolidated billing at the end of every month. Once within the Copy and Print Tab, users are
able to upload their documents directly from their computer or by extracting them from their
personal online electronic filing cabinet ... a free service that Office Depot provides to Its
customers. After we receive the job, online users can expect a call -back from one of our two
customer service teams within 30 minutes to go over the specifics of the copy job. Order history
can be tracked at any time using our powerful online order system. This is truly a differentiating
factor between Office Depot and it's competitors; many of whom do not offer this level of
service.
When you partner with Office Depot for Copy and Print Services, you have the advantage of
using our on -line File Cabinet digital storage service at no additional cost. This flexible, web -
based, repository securely holds all your digital documents in a universal PDF format for quick,
ciickeble ordering. Your approved users can add, remove, or modify documents any time, day
or night, and there are no limits to the number of File Cabinets you can set up. File Cabinet
enables each entity to efficiently update printed materials from multiple locations, streamline
document management and control costs. File Cabinet Is a convenient way for your
organization to promote consistent use of your City's branding guidelines. Once posted to the
File Cabinet, designated basic users can order preconfigured documents in the quantity they
need. When dealing with multiple department locations, File Cabinet helps you control, modify,
and distribute documents more efficiently.
The City of Newport Beach benefits with File Cabinet from:
• Document storage for City departments
• Centralized file storage to maintain the integrity of your files and brand identity
• Reduced print waste... Only order what you need when you need It
• Flexibility in updating and editing documents
• Easily manage File Cabinets and access levels
• Central location for document printing needs
Please see attached document titled "OPC user Order Guide*.
Proprietary and Confidential f f
EXHIBIT C
SCHEDULE OF BILLING RATES
OFFICE DEPOT, INC. Page C -1
Rrad"ck.Nam. ��... , � �i��
8.5 x 11 2011 White
One Sided
Black Print
$0.020
8.5 x 11 204 'Assorted Colors
One Sided
Black Print
$0.030
8.5 x 11 609 Assorted Colors
One Sided
Black Print
$0.042
8.5 x 11 67# CardStock White
One Sided
Black Print
$0.056
8.5 x 11 67 #CardStock Assorted Colors
One Sided
Black Print
$0,056
8.5 x 11 704 assorted Colors
One Sided
Black Print
$0.042
8.5 X 11804 Cover Wausau Brt Wht
One Sided
Black Print
$0,056
8:S x ilCatbonless 2 Part Canary/White
One Sided
Black Print
$0.100
8.5 x 11Carboniess 3 Part
One Sided
Black Print
$0.150
8.5x 11Carboniess 4 Part Rev
One Sided
Black Print
$0.250
11 x 17 50#or60# White
One Sided
Black Print
$0.061
11 x 17 20# color paper
One Sided
Black Print
$0.060
8.5 x 11 240 White(Laser)
One Sided
Black Print
$0.041
11 x 17 24# White(laser)
One Sided
Black Print
$0.061
8.S X 1132# White (Laser)
One Sided
Black Print
$0.041
Door Hanger 2up Cardstock
One Sided
Black Print
$0.256
3 hole 8.5 x 11 20# White
One Sided
Black Print
$0.021
ll" SterlingUltraDigCover- gloss100#
One Sided
Black Print
$0.170
11 "SterlingUitraDigTEXT -100#
One Sided
Black Print
$0.140
8.5 x11 200 White
Two Sided
Black Print
$0,040
8.S x 14 20# White
Two Sided
Black Print
$0.040
8.5 x 11 20# Assorted colors
Two Sided
Black Print
$0.050
8.5 x 11 609 Assorted Brights
Two Sided
Black Print
$0.082
8.5 x,11 67 #CardStock White
Two Sided
Black Print
$0,076
8.5 x 11 67 #CardStock Assorted Colors
Two Sided
Black Print
MOM
8.S x 11 60#Smooth White
Two Sided
Black Print
$0.061
8.5 x 11 709 Assorted Colors
Two Sided
Black Print
$0.082
&S X 1180# Cover Wausau Brt Wht
Two Sided
Black Print
$0.076
8.5 x 11Carbonless2 Part Canary/White
Two Sided
Black Print
$0.140
8.5 x 11 24# White(Laser)
Two Sided
Black Print
$0.061
11 x 17 320 White(Laser)
Two Sided
Black Print
$0.100
Door Hanger 2up Cardstock
Two Sided
Black Print
$0.276
3 hole 8.S x 11 20# White
Two Sided
Black Print
$0.041
ii"SterlingUltraDigCover- gloss100#
Two Sided
Black Print
$0,190
17" SteriingUltraDigCover- gioss1009
Two Sided
Black Print
$0.350
ll "SterlingUltraDigText -809
Two Sided
Black Print
$0.070
17 "SterlingUltraDigText -80#
Two Sided
Black Print
$0.140
8.5x11 20# White
OneSided
FuilColor
$0,190
8.5 x 11(2011 White (25% Cotton)FoxRiver
OneSided
Single Color ink
$0.190
8,5 x 11 604 Orbit orange (recy)
OneSided
FullColor
$0.232
8.5 x 11 60 #Smooth White
OneSided
Single Color ink
$0.190
8.5 x 1124/60 AstoParment -Aged
OneSided
FullColor
$0.250
8.5 X1180# Cover Wausau Brt Wht
OneSided
FullColor
$0.226
8.5 x 11 244 White(Laser)
OneSided
FullColor
$0.190
8,5 x 14 24# White(Laser)
OneSlded
FuliColor
$0,190
11 x 17 24# White(Laser)
OneSided
FullColor
$0.380
8.5 X 1132# White (Laser)
OneSided
FullColor
$0211
Kanzaki Gummed Label 8.5 x 11
OneSided
Single Color Ink
$0,630
11" SterlingUltraOigCover- gloss1004
OneSided
FullColor
$0.340
17" SterlingUltra0igCover- gloss100#
OneSided
FullColor
$0.650
11 "Ster6ngUltraDlgTEXT1004
OneSided
FullColor
$0.310
11 "SterlingUltraDigText -80#
OneSided
FullColor
$0120
11"KromeGloss- 10pt {SS -Cover
OneSided
FullColor
$0,310
17 "SterlingUltra0igText -80#
OneSided
FullColor
$0.440
12X18Pro0fgGloss- 100 1fCover
OneSided
FullColor
$0.650
85 x 11 204 White
TwoSided
FuilColor
$0.380
8.5 x 11 609 Lunar Blue
TwoSided
FullColor
$0.422
8.5 x 11 60# Re -Entry Red
TwoSided
FullColor
$0.422
8.5 X 1180# Cover Wausau Brt Wht
TwoSided
FullColor
$0.416
8.5 x 11 244 White(Laser)
TwoSided
FullColor
$0.380
8.5 x 14 24# White(Laser)
TwoSided
FuliCotor
$0380
11 x 17 24# White(Laser)
TwoSided
FullColor
$0,760
11 x 17 32# White(Laser)
TwoSided
FullColor
$0381
85 X 1132# White (Laser)
TwoSided
FullColor
$0.401
Door Hanger 2up Cardstock
TwoSided
FullColor
$0.616
ll" SterlingUltrapigCover- gioss100#
TwoSided
FullColor
$0.530
17 SterlingUltraDigCover- glossl00#
TwoSided
FullColor
$1,030
ii"SterlingUltraDigTEXT -10011
TwoSided
FullColor
$0,310
17 "SterlingUltraDigTEXT -100#
TwoSided
FullColor
$1.000
11 "StarlingUltraDigText -80#
TwoSided
FullColor
$0.410
11 "KromeGtoss- 10pt -CSS -Cover
TwoSided
FullColor
$0.820
17 "SterlingUltraDigText -80#
TwoSided
FullColor
$0,440
12X18ProDigGioss- 100 #Cover
TwoSided
FullColor
$1.030
1. INSURANCE REQUIREMENTS
11 Provision of Insurance. Without limiting Contractor's indemnification of
City, and prior to commencement of Work, Contractor shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and
volunteers.
1.3.2 General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Contractor arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit each accident.
OFFICE DEPOT, INC. Page D -1
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subcontractors.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage, insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
contract. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the contract to change the amounts and types of insurance
required by giving the Contractor sixty (60) days advance written notice of such change.
If such change results in substantial additional cost to the Contractor, the City and
Contractor may renegotiate Contractor's compensation.
1.5.3 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
OFFICE DEPOT, INC. Page D -2
1.5.4 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.5 Self - insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1.5.6 City Remedies for Non Compliance If Contractor or any
subcontractor fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Contractor or reimbursed by Contractor upon
demand.
1.5.7 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Contractor's Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the Work.
OFFICE DEPOT, INC. Page D -3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FRONT: Finance Department
Dan Matusiewicz, Finance Director/Treasurer
949 -644 -3123, danm@newportbeachca.gov
PREPARED BY: Tammie Frederickson, Administrative Support Services Coordinator
APPROVED: z
TITLE: Contracting out Reprographic Services; Approval of Office Depot
Agreement
ABSTRACT:
Print and reprographic services for all City Departments are currently provided in the
print shop located at City Hall. With the move to the new Civic Center, the in -house
operation will be discontinued and these services will be contracted out.
RECOMMENDATION:
1. Authorize the Mayor and City Clerk to execute a 3 -year contract with Office Depot to
provide reprographic services for all work performed not to exceed $600,000 without
prior authorization from the City.
2. Direct the City Manager to amend position control by a reduction of 2.0 FTEs.
1 Authorize the City Manager to redistribute budget from a centralized cost center
(Finance Department) to individual department budgets.
FUNDING REQUIREMENTS:
The current annual cost of maintaining print and reprographic services is approximately
$270,000; this includes salaries and benefits, maintenance, paper, and depreciation on
reprographic equipment. The current adopted budget includes sufficient funding for the
remainder of the fiscal year.
Contracting out Reprographic Services; Approval of Office Depot Agreement
November 27, 2012
Page 2
The City Council and the City Manager asked departments to identify outsourcing
opportunities in an effort to reduce ongoing expenditures. The outsourcing of print shop
operations was identified as a good opportunity to reduce staffing costs, assign space in
the new Civic Center to purposes other than print production, and reduce future capital
reinvestment in print shop technology.
For over twenty years, the City has used in -house print services for high - volume black
and white and color copies printed on paper sizes ranging from 8.5 by 11 inches to 11
by 17 inches. Over the past several years, technology and streamlined business
practices have resulted in a significant decrease in the use of paper documents required
by City departments and programs. The City's ongoing efforts to consume less
environmental resources has further decreased the overall demand for paper
reproduction. As a result of these changes, the volume of copies produced by the print
shop has dropped from 5.1 million in fiscal year 2001 -02 to less than 1.8 million in fiscal
year 2011 -12. With the reduced demand for paper reproduction and the opportunity to
reduce costs, staff believes it is operationally feasible to outsource print and
reprographic services at this time, consistent with modern business practices.
Selection Process
A Request for Qualifications (RFQ) was issued in June 2012 by the Purchasing
Division. The RFQ was sent to 18 firms, and was also posted on the City website for
public consumption. The RFQ addressed the City's desire to work with an experienced
print services provider who had a proven record of providing print and reprographic
services in comparable government agencies. The RFQ sought firms with a minimum of
5 years of documented reprographic experience, a production facility within 15 miles of
the Newport Beach Civic Center, the ability to provide a 6 -hour turnaround for rush print
jobs, and the capability of providing online work order processing. The RFQ required
that firms provide a list of similar services performed with government entities and
references. Nine companies responded by the June 15, 2012 deadline. An evaluation
panel of City staff rated the proposals on a matrix based on the above evaluation criteria
and determined that seven firms were qualified to continue to the Request for Proposal
(RFP) process.
Responses to the RFP were received from six firms by the September 18, 2012
deadline. An evaluation panel comprised of representative staff from IT, Recreation and
Finance reviewed and rated the proposals on the basis of each firm's qualifications and
experience; project approach and methodology; online ordering capabilities; production
facility; and the potential to rehire displaced City print shop staff. Additionally, as the City
Contracting out Reprographic Services; Approval of office Depot Agreement
November 27, 2012
Page 3
currently purchases business cards and envelopes from two separate vendors, the RFP
sought economies of scale by consolidating these services under one reproduction firm.
Based on the criteria listed above, three companies were unanimously advanced to the
next stage in the selection process including: C2, County of Orange, and Office Depot.
All three print services vendors offered experience with other governmental agencies,
online ordering and print job management, high - quality customer service, and the ability
to handle the City's print volume with sufficient staff and equipment.
Representatives from each City department were invited to participate in each vendor's
demonstration of its online ordering system, tour the production facilities, and to ask
questions. While all three companies received good references from various
municipalities and agencies as listed in their respective proposals, Office Depot
distinguished itself amongst members of the internal review panel in the areas of
customer service outreach and online ordering efficiency.
Recommendation
Staff selected Office Depot for its excellent references, online ordering, printing and high
speed copying service capabilities, and its approach to customer service with dedicated
personnel offering training and ongoing support to the individual end users. The City
currently has an account for online ordering of office supplies with Office Depot that
offers e- commence rebate incentives. In addition to receiving competitive pricing
through The Cooperative Purchasing Network (TCPN) Master Agreement, Office Depot
will consider purchases made in the Custom Printing Services category when
calculating volume and rebate incentives.
Office Depot Agreement
The key provisions of the agreement (Attachment A) with Office Depot are proposed as
follows:
Term: Three (3) years
Compensation: Not to exceed $600,000.00 over the term of the contract
The proposed agreement compensation is based on the analysis of
the current work quantity of the Print Shop, applied to the proposed
pricing from Office Depot. The proposed per unit pricing is fixed for
the entire proposed contract term.
Services: Office Depot shall provide reprographic and print services to the City,
replicating services currently provided by the Print Shop, and produce
business cards and envelopes. Office Depot shall also provide daily
pick -up and drop -off of print services orders at no extra charge to the
Contracting out Reprographic Services; Approval of Office Depot Agreement
November 27, 2012
Page 4
City. For urgent or priority projects, Office Depot retail store locations
may also be utilized for order processing and fulfillment. The nearest
retail store location is located at 2747 Campus Drive in Irvine and is
4.7 miles from the Newport Beach Civic Center.
Approval of this contract will result in a reduction to Position Control of 2.0 FTE
personnel resulting from the layoff of 1.0 FTE personnel and the impending retirement
of the Printing Services Supervisor in December of this year. Office Depot has indicated
a willingness to consider hiring personnel displaced by the elimination of the Print Shop.
The actual annual fiscal impact will vary and is dependent upon the number of
reproduction copy jobs that are printed. Based on an analysis of the City's current
reproduction volume, staff estimates that the pricing for Office Depot's services will
result in a net annual expenditure decrease of at least $70,000 from the City's current
internal printing solution. By utilizing Office Depot's services, staff anticipates cost
savings in office equipment maintenance and repair costs, capital asset amortization for
reproduction equipment, overhead allocation, facility usage, and paper. In addition to
the cost advantages, staff has been satisified with the services provided by Office Depot
in the past. Based on these findings, staff recommends the Council approve an
agreement with Office Depot for reproduction services.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ( "CEQA ") pursuant to Section 15302 (Replacement or
Reconstruction) of the CEQA Guidelines, Cali €omia Code of Regulations, Title 14,
Chapter 3, because the replacement of existing parking meters with new parking meters
has no potential to have a significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
n Matusiewicz
Finance Director/Treasure
Attachments: A. Proposed Agreement with Office Depot
t •• 4"
•
. ,
THIS SERVICE AGREEMENT ( "Agreement ") is made and entered into as of this
1st day of January, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and OFFICE.
DEPOT, INC., a Delaware corporation ( "Contractor "), whose address is 3366 East
Willow Street, Signal Hill, CA 90755 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to provide reprographic services to all City
departments ( "Project ").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
D. The principal member of Contractor for purposes of Project shall be Donna
Carranza, Solutions Development Manager.
E. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the ("Effective Date "), and shall
terminate on December 31, 2015 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Contractor acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. Contractor shall
diligently perform all the services described in the Scope of Services attached hereto as
Exhibit A and incorporated herein by reference ( "Services' or "Work "). The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
31 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Contractor to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within one (1) business day of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than one
(1) business day after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and
incorporated herein by reference. Contractors compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and subcontractor
fees, shall not exceed Six Hundred Thousand Dollars and No /100 ($600,000.00)
without prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Contractor no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
OFFICE DEPOT, INC. Page 2
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Donna Carranza,
Solutions Development Manager to be its Project Manager. Contractor shall not
remove or reassign the Project Manager or any personnel listed in Exhibit A or assign
any new or replacement personnel to the Project without the prior written consent of
City. City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously fumish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Finance Department. The
Administrative Support Services Coordinator or his /her designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his /her designee shall represent City in all matters pertaining to
the Services to be rendered pursuant to this Agreement.
7. CITYS RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one (1) copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest industry standards.
For purposes of this Agreement, the phrase "highest industry standards" shall mean
those standards of practice recognized by one (1) or more first -class firms performing
similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Contractor certifies that the Work conforms to the
requirements of this Agreement and all applicable federal, state and local laws and the
highest industry standard.
OFFICE DEPOT, INC. Page 3
8.3 Contractor represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9, HOLD HARMLESS
9.1 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties') from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and /or willful acts, errors and /or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Contractor.
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
OFFICE DEPOT, Page 4
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review- all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and progress
of the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
i; 1[,T&1WUU U40
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment; The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint- venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
OFFICE _ D # Page 5
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Contractor, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Contractor or any other party. Contractor shall, at Contractor's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Contractor
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Contractor will be at City's sole risk and without liability to Contractor. Further, any and
all liability arising out of changes made to Contractor's deliverables under this
Agreement by City or persons other than Contractor is waived against Contractor and
City assumes full responsibility for such changes unless City has given Contractor prior
notice and has received from Contractor written consent for such changes.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement or alleged infringement of any United States' letters patent, trademark, or
OFFICE DEPOT, INC. Page 6
copyright, including costs, contained in Contractor's Documents provided under this
Agreement.
•mss
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
1 s
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Contractor,
the additional design, construction and/or restoration expense shall be borne by
Contractor. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
City reserves the right to employ other Contractors in connection with the Project.
25.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
OFFICE DEPOT, INC. Page 7
25.2 If subject to the Act, Contractor shall conform to all requirements of the
Act: Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from Contractor to City shall be addressed to City at:
Attn: Administrative Support Services Coordinator
Finance Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 -644 -3127
Fax: 949 - 644-3339
26.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Donna Carranza, Solutions Development Manager
OFFICE DEPOT, INC.
3366 East Willow Street
Signal Hill, CA 90755
Phone: 951 - 200 -0913
Fax: 951 -200 -0914
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. The Contractor and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, the Contractor shall be required to file
any claim the Contractor may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.),
OFFICE DEPOT, Page
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29.1 Compliance with all laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind- or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.4 Conflicts or Inconsistencies. In the event there are any, conflicts or
inconsistencies between this Agreement and the Scope of Services. or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
OFFICE DEPOT, .•g.
29.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.7 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.8 Controlling Law and Venue. The laws of the State of California shall
govem this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
29.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
29.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
•
OFFICE DEPOT, Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:—
By:_ 'U6,
Aaron arp
City Attomey
ATTEST.
Date,
By:
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Nancy Gardner
Mayor
CONTRACTOR: OFFICE DEPOT, INC., a
Delaware corporation
By:
Chris McEntee
Vice President, West Region
Kristen Micalizio
Vice President, Copy and Print Depot
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates/ Progress Payment Schedule
Exhibit C — Insurance Requirements
Al2 -0076?
OFFICE DEPOT, INC. Page 11
EXHIBIT A
SCOPE OF 1
OFFICE DEPOT, P,�-
Contractor, at its own expense, shall commit necessary resources to develop a
transition program for the City and its employees. Specific deliverables for this program
are as follows:
• A minimum of two (2) training sessions hosted by Contractor at the City of
Newport Beach Civic Center. The purpose of these sessions shall be for City
employees to become familiar with the Contractor, its operations and to ask
questions about the reprographic services provider transition;
• A minimum of one (1) scheduled production facility tour for City employees, if
requested;
• Any necessary follow -up training with City employees; and
• Production and distribution of an operations manual specific to the City that
contains contact information and procedures on order placement.
a =R •,
City's Project Administrator shall designate those City departments and department
employees that shall be authorized to place reprographic orders with Contractor (hereby
defined as "Users. ") Each User shall be assigned a unique login on Contractor's online
ordering system. Contractor's nomenclature may vary, but capabilities of Users shall be
developed as follows:
TYPE 1
TYf' 2 f TYPE 3
37, 27
Ability to place orders
X
X
Ability to proof, revise and
XC
X
edit orders as
£ r
needed4
Ability to place re- orders for
'XX
" X
commonly- ordered
documents
Ability to receive cost
'X
X
estimates for each order
to
prior placement
Ability to research order
X
X x X
history for their respective
orders
Ability to research order
X
X'
histoDLfor entire de artment
Ability to research order
X
history for entire Cif
Type 1: Every City employee designated by the Project Administrator to be able to
initiate orders.
Type 2: A minimum of one (1) City employee in each department that shall serve
as the primary liaison for that respective department.
Type 3: The City's Project Administrator or any other agreement administrators as
needed.
Contractor's online ordering system shall also possess the capability to establish, if
requested, a workflow approval process among the three (3) types of Users described
in this section.
For the provision of Services as described in this Agreement, reprographic services
performed for the City shall occur at the Contractor's designated primary production
facility, identified as follows:
Office Depot, Production Facility #2963
3500 East Willow Street
Long Beach, California 90815
Contractor may utilize its other production facilities located at its local retail stores to
perform Services on an as-needed basis. These requests shall be processed on an as-
needed basis and upon approval of the Contractor's service representative.
EIXNNWIII,#�
Contractor shall provide all necessary labor, equipment, materials and supervision to
provide reprographic services to the City. Document types and services that may be
produced during the course of this Agreement may include, but are not limited to:
A. Printing and High-Speed Copying Services, including:
• Color printing, both one and two-sided, various sizes and stocks;
• Black and white printing, both one and two-sided, various sizes and stocks;
• NCRICarbonless forms, both one and two-sided;
B. Offset Printing Services, including:
• Graphic Design/Artwork;
• Multiple color runs;
• One and two -sided printing; and
• NCR/Carbonless forms, one and two- sided.
C. Door Hanging Documents
D. Business Cards
• Contractor shall print business card masters containing the City's embossed
logo and store them, at Contractor's expense, until such masters are required
to fulfill City orders.
• Contractor's online ordering system shall possess the capability for the
Project Administrator to upload several business card templates and allow all
other Users to modify only pre - designated text areas.
• Specifications for City business cards:
• Standard stock;
• Kromekote cover;
• Embossed City seal in 4- color; and
• One and two -sided printing.
E. Letterhead
F. Envelopes
• Envelopes required by the City are 10# regular, 10# window and will require
the City seal and address printed on.
• Specific text and address information and print location may vary by City
department.
• Certain departments shall require window envelopes depending on the
intended purpose.
G. Miscellaneous Bindery Projects, including:
• Cutting;
• 3 -hole punching;
• Stapling;
• Collating;
• 2 -sided copies;
• Binding;
• Padding;
• Folding;
• Saddle stitching;
• Perforating;
# _ _ `]
• Numbering; and
• Scoring.
• -19 ;
A. Users may initiate orders and requests for reprographic services utilizing the
following methods
• The Contractor's online ordering system;
• Contacting the Contractor's designated representative(s) via telephone;
• Submitting project information and requests directly to the Contractor's
delivery courier, who shall be present at the Newport Beach Civic Center for
pickup and delivery purposes no less than once per City business day; or
• Performing a walk -up order request at the Contractor's production facility or
designated retail store location.
B. Contractor shall develop and produce, at its own expense, hard copies of a
routing slip that City personnel may use to submit orders to the Contractor's
courier.
C. All order requests from Users shall specifically indicate the following:
• The urgency, which shall be either
• "Standard," defined as an order that the Contractor is permitted to
complete and have delivered within three (3) business days of order
submission;
• "Next Day ", defined as an order that the Contractor is required to complete
and have delivered by the next business day after order submission.
• "Priority," defined as an order that the Contractor is required to complete
and have delivered within six (6) hours of order submission.
• The delivery location for completed orders, which shall be one of the following
delivery locations:
• Newport Beach Civic Center;
• Newport Beach Police Department;
• City of Newport Beach Corporate Yard at 592 Superior Ave, Newport
Beach, CA 92663;
• Contractor's production facility; or
• Contractor's designated retail location
f ' •
D. Upon receipt of each order, Contractor shall contact the User who submitted the
order to confirm the order, verify order details and instructions, provide cost
estimates (if requested), and confirm order deadline and delivery requirements.
E. Contractor shall provide the User with a digital proof that shall be confirmed by
the User prior to order production. Contractor shall not be held liable for errors or
inaccuracies in orders that are not proofed by the City.
•-s - ;`1
A. Of the three (3) possible delivery locations for completed orders, the Newport
Beach Civic Center shall be considered the City's primary delivery location.
B. Contractor shall assign a courier to be present at the Newport Beach Civic
Center each business day, Monday through Friday, at a time and specific
location to be determined by the Project Administrator, for the purposes of order
delivery and to pick up any new orders from Users.
C. Contractor's courier shall visit the Newport Beach Civic Center at the designated
time and specific location regardless if there are completed orders to be
delivered, in the event that City Users wish to submit orders to the courier. While
the Newport Beach Police Department and Corporate Yard are also delivery
locations, Contractor's courier will only visit these facilities when there are
completed orders to be delivered.
D. Upon request, and denoted at time of order placement, completed orders may
also be picked up from the Contractor's production facility or designated retail
store location by City personnel.
E. Priority orders requiring same -day completion shall require same -day delivery or
pick -up by City personnel from Contractor's production facility or designated retail
store location.
A. Acceptance of work by City is contingent upon City inspection and approval. City
shalt have the right to inspect services provided at all reasonable times and
places. "Services" as used in this section includes services performed or
tangible material produced or delivered in the performance of services.
SCOPE OF SERVICES
B. If any of the services do not conform to order requirements, City may require
Contractor to perform the services again in conformity with order requirements, at
no charge to the City. When defects in the quality or quantity of service cannot
be corrected by re- performance, City may (a) require Contractor to take
necessary action to ensure that future performance conforms to order
requirements, and (b) equitably reduce the payment due Contractor to reflect the
reduced value of the services performed. These remedies do not limit the
remedies otherwise available at law, or in equity.
C. City reserves the right to refuse payment on Contractor invoices for orders that
do not meet submitted criteria.
City makes no expressed or implied promise as to the quantity of work or orders that will
be submitted. The rates provided in Exhibit B shall remain constant and unchanged
regardless of the actual quantity of work or orders that are submitted.
fir- i
September 11, 2012
Anthony Nguyen, Purchasing Agent
City of Newport Beach
Email: anquyento?newportbeachca.gov
Dear Anthony:
Thank you for giving Office Depot the opportunity to participate in the City of Newport Beach bid
for copy services. We want you to have a clear understanding of our capabilities while making
this important business decision,
We are fully prepared to dedicate the appropriate resources and experience to fully
accommodate the program requirements of the City of Newport Beach should we be selected to
serve your requirements, We have developed and described a number of value -added
programs that are specifically designed to benefit our customers and meet their varied and
constantly changing needs.
® Flexible order submission for digital printing jobs; online, email, or hardcopy
® Regional print production facility able to handle any size project.
Print Consultants available for in person job consultations
Fully integrated billing functions to simplify accounts payable activities
® Program and implementation training to be provided to all interested departments
» 30% recycled paper stock included in all 20# B&W and Color copies
• to addition to receiving competitive pricing through the TCPN contract, purchases made
in the Custom. Printing Services category will be considered when calculating volume
and e- commerce rebate incentives.
Office repot, one of the most recognized distributors in the office products industry, will use the
many advantages of our national distribution system, our expertise in electronic commerce, and
our industry leading approach to managing decentralized program environments, to ensure that
you receive the outstanding service you expect, and the program consistency that you require.
The City of Newport Beach is already participating in The Cooperative Purchasing Network
(TCPN) Master Agreement with Office Depot, and this Agreement has, as part of it's overall
value, a competitive offering in the area of Print and Copy Services. It is Office Depots
intention to provide the City of Newport Beach with a formal proposal to use the TCPN program
in response to this kFP. The pricing, terms and conditions of the TCPN program shall govern
any other terms and conditions if Office Depot is selected.
We look forward to presenting more information on our programs and capabilities, and welcome
a discussion of any additional specific requirements w1hieh you may have.
Sincereily,
, J
f, �G
Chris McEntee
Region Vice President
Proprietary and Confidential 2
ATTACHMENT E: PROPOSAL REQUIREMENTS CHECKLIST
This checklist is provided as a guide for Proposers to assemble Proposals. As closely as possible, please adhere to
the following format and order when assembling proposals. Please note that part of the evaluation criteria
takes into consideration the responsiveness of a proposal, proposals missing any required attachments shall be
evaluated accordingly. Submittals should follow the some order and sections indicated below.
PART I: TECHNICAL PROPOSAL SECTION
COVER LETTER
A cover letter not to exceed two (2) pages in length shall summarize key elements of the proposal
and outline why your firm is qualified for this Project. The cover letter shall be signed by a
representative able to submit a formal offer and bid the Proposer to contractual obligations.
See attached cover letter.
ORGANIZATIONAL INFORMATION
Identify key personnel from your firm, including specific personnel that would be assigned to this
Project, if any. Any and all Prime Contractor and Subcontractor relationships and responsibilities
must be detailed. Resumes for proposed assigned personnel should be included, detailing relevant
experience and qualifications for this Project.
Dedicated Personnel — Dedicated Account Managers, Customer Service Representatives, and
Document Sales Consultants are provided to our customers to consult on their document needs
to ensure complete satisfaction. in addition to the support that we have at our print facilities, the
City of Newport Beach will have two dedicated account managers:
Donna Carranza, Solutions Development Manager — Print, will be responsible for account
rollout, training, and ongoing support to the individual end users. She will be the direct contact
for customer questions and support. Donna has 20 years experience in the copy & print
industry, including specialty experience in the "quick print" reprographics industry, as well as
offset printing. Her expertise lies in the ability to find solutions quickly for end users. She also
has many years experience in working with cities and other public sector type accounts.
Cesar Vargas, Service Consultant — Print, will be assigned as a "print rep" to help individual
users with specific jobs and or assistance with order submission. Cesar has 9 years experience
in reprographic services. His strong background in offset printing aids in finding solutions for
customers while meeting budgetary needs.
Robert Dilley, Territory Development Manager, will be the dedicated rescource for overall
account maintenance, billing questions and customer sevice.
Proprietary and Confidential
r v.
PRODUCTION FACILITY INFORMATION
Provide information regarding the primary production facility that would handle this Project for the
City. Please include a summary description of notable equipment being utilized at this facility as
well as output volume highlights. if applicable, also describe the other production facilities in the
area that may be called upon to handle Projects for the City. Proposers short- listed as a result of
this RFP will be called upon to host a tour of the production facility by City personnel.
Office Depot operates 10 Regional Production Facilities strategically located across the U.S.
producing over 2 billion digital prints annually. These large pass -key secure production facilities
use state -of -the -art equipment to maintain consistent quality. Regional production facilities have
the equipment capacity and labor to handle high volume projects quickly and efficiently. In
addition, we operate a print facility within each Office Depot retail store location, which can also
be a local source for some same -day turnaround projects.
Local Production Facility:
RPF 2963
3500 East Willow Street
Long Beach, CA 90815
Local Retail Location:
Office Depot #901
2200 Harbor Blvd. Suite O
Costa Mesa CA 92627
This chart on the following page shows a complete listing of our production equipment.
Proprietary and Confidential 4
Proprietary and Confidential
PROPOSAL — METHODOLOGY
Provide your proposed work plan, which shall address every point listed in the scope of services.
The ideal work plan should provide an overview of the processes that would be utilized by your firm
in facilitating this Project and demonstrate familiarity with reprographic services. if your firm offers
additional services not specifically described in the Scope of Services, provide a description of these
services and the benefit they serve to the City.
All the offerings described below are currently available.
Printing and High Speed Copying Services
Web -based Print -on- Demand from Office Depot is an innovative print order service that helps
our public sector customers meet everyday print needs as well as time sensitive or confidential
print orders.
City personnel can place orders online 24(7, from any computer with an Internet connection and
upload your files to our E- commerce site at business.officedepot.com. Simply click Copy & Print
and then click Print Yqur Documents. Our Print -on- Demand solution requires no initial setup to
access the array of digital options that include:
• Black & white, or full color printing
• A variety of paper types and colors including transparencies, linen, cardstock, certificate
paper and more
• A selection of document sizes — from letter size to large format
• Multiple binding and finishing options
For quick turnaround, we have ten (10) Regional Print Facilities that offer premium, high -speed
digital equipment and flexible, confidential shipping to your office, meeting site or multiple
destinations.
Office Depot offers the City of Newport Beach the flexibility of integrated ordering, billing and
usage reports. Using your existing account number, a Print -on- Demand order can be combined
with your office supply orders in one consolidated and convenient statement.
Save on Print and Storage
Print -on- Demand enables the City to print only the document quantity needed — helping to save
on printing and storage costs. The City can also benefit from:
• Closed -door production facilities to assure confidentiality
• Convenient same day service at any of our 1,100 retail locations in the United States
File Cabinet Online Digital Archiving
Conveniently reorder documents by storing information in your own File Cabinet, an online
digital storage service provided at no additional cost. File Cabinet is a web -based repository
that securely holds all of your digital documents, converting them to a universal PDF format. File
Cabinet enables City users to:
Proprietary and Confidential 6
• Upload, save and share documents online
• Choose your access — exclusive use or share with others
• Update and modify documents quickly and easily
• Work remotely— collaborate with teams across multiple locations
Measurable benefits of our web based ordering system include:
• Compressed implementation
• One URL to remember
• Single set of log -in credentials per user
• Consolidated shopping cart
• improved program compliance
• Customizable to meet your procurement needs
• Multiple methods for restriction by products, categories, dollar amounts, etc
• PO's stored or added as needed
• Declining balance PO's to ensure dollar amount of PO is not exceeded
• Cost Centers stored by user, drop down box, or entered on demand
• PCards stored by user or entered on demand
• Order histories
• On demand account management and reporting
Hard Copy Orders
Office Depot accepts hard copy orders. These orders can be placed via telephone call or email
to assigned support personnel. This process will be outlined during rollout training to assure that
all City departments are familiar with the process.
Order Turn - Around Time Parameters
Based on the size and complexity of the order, web based order delivery turn - around is typically
within 1 -3 business days of receiving the order. After receipt of the order, the end user will be
contacted by one of our Print Customer Service Teams within 30 minutes to go over the
specifics of the order and estimated delivery times. This is truly a differentiating factor between
Office Depot and our competitors who do not offer this level of service which greatly increases
the accuracy of the job and the satisfaction of the customer.
For orders placed at our retail location the same applies as above with the exception that in
many cases we can perform a same day turn time depending on job size and specifications.
Your Office Depot dedicated support team is here to provide you with solutions and assist with
your deadlines when needed. We will work to find the necessary capabilities at our local
facilities to complete your projects when needed.
Business Cards, Letterhead & Envelopes
Custom Stationery Online (CSO) offers the City of Newport Beach an integrated online solution
for acquiring organizational identity items like letterhead and envelopes.
Office Depot representatives will work with City departments to coordinate a set of agency
identity products tailored to their brand and specifications. Once live on the website, identity
products can easily be personalized and ordered at the same time as other office supply
products. This makes it simple to create professional correspondence at reasonable costs, with
online instant pricing, ordering, proofing and browser -based file uploading.
Proprietary and Confidential 7
Office DEipoT.
Products include:
• Business cards
• Letterhead
• No. 10 envelopes
• Monarch letterhead
® Monarch envelopes
® Catalog envelopes
Stamps
• Name plates
Note cards
Mailing labels
Badges
• Memo pads
• Address labels
• Presentation folders
Other Offset Printing and Promotional Products Capabilities
In addition to the capabilities mentioned above, we offer a wide -range of traditional offset
printing as well as access to thousands of customized promotional products. What makes
Office Depot different from a traditional digital printer or offset printer is that we integrate both
businesses and consult with you to determine the application that is best fit for your needs. We
take into consideration available turnaround time as well as budgetary constraints to arrive at
printing solutions tailored for the City of Newport Beach. This engaging consultative process is
not offered by most print companies. Where you currently might be outsourcing to multiple
vendors to meet your additional print needs, with Office Depot as your partner, we will be able to
complete most of your orders seamlessly working with one single vendor. Fewer vendors
means less contacts for end - users, as well as single consolidated billing for your accounting
department, thus saving the soft costs often incurred behind the scenes with order processing
and payment processing.
How We Handle Important Documents such as "City Council Agendas" and "Planning
Commission Agendas"
Office Depot understands the City's need for production of confidential documents, turned
around often in a matter of hours due to public posting deadlines or for City council or
committee member advance review. Your print team will work with you to determine the best
solution for printing these documents that require this high attention to detail in a short
timeframe. For some customers, we print locally at an Office Depot retail location while for
others, we have the meeting dates planned ahead months in advance on our calendar, and we
are standing by awaiting the final digital files when each deadline approaches. Regardless of
what we agree upon for your specific situation, we well work with each City department to
determine their business - critical documents that fall within this area and will present a solution
that meets their needs_
Office Depot Account Billing Process
As with your current Office Depot supply account, we offer the same services that currently exist
for that account. Seamless, integrated billing structure in line with your current supply invoices,
Additionally, Office Depot offers the opportunity to receive hard copy invoices, or take
advantage of our environmentally friendly electronic billing.
Proprietary and Confidential
Training & Support
We have found the ideal work plan starts at the implementation phase and rolls through the
training of end users to make them comfortable with the Office Depot Copy and Print solution.
During implementation, Office Depot will deploy ample resources required to fulfill the needs to
support the transition for all city personnel. No cost or responsibility is incurred by the City for
this training.
Office Depot offers a multi -level rollout plan based on the specific needs of each department
and individual. This training will differ depending on if the individual print user is already
integrated into the Office Depot office supply web site. In addition to our standard
implementation program, we are able to customize the training resources specifically to your
needs.
Regarding specific training during rollout, Office Depot has several options to ensure end users
become educated and establish a comfort level with the new processes. The following list
provides a description of our offerings, and we will work with you to customize training to best
meet the needs of city personnel. We provide:
• 1—on -1 website training
• Classroom training
• Webcasts
• Online Internet help
• Office Depot's Internet User's Guide (detailed instructions on placing orders)
At least one training session is recommended for all user groups. This session will explain the
account parameters and give a thorough overview of the functions of the website which is
designed to direct the end user to the core items. This training can also be designed to be
managed by the specific groups, site administrators, approvers, and end users. The style of the
sessions will be based on customer preference, i.e. all in one, or group style training.
Training is comprised of hands -on training of the Office Depot website to review the customer's
account parameters, along with a O & A session to answer any questions that the end users
may have relating to the ordering process and /or account structure. These sessions can be
presented through the following options:
Webcast: Office Depot associate facilitates online training in a shared environment and
conference call.
Classroom: Office Depot associate provides training in classroom environment as a
presentation.
Our end user training includes specific information for all new users with policies, procedures
and specific instructions like:
• Now to place orders?
• Who to call with problems or questions?
• And much more
Office Depot's support does not end when the implementation is complete! We are always
there when your users have questions or concerns. Our well- trained and experienced print
support teams are ready to assist. We are always available to train new hires or new -to-
Proprietary and Confidential 9
position users on a one -to -one basis. This training typically takes 30 minutes to one hour. In
addition, if you find the need to conduct additional classroom or web -cast trainings throughout
they year on a quarterly, semi - annual or annual basis, we would be happy to make those
options available.
OUTLINE OF ORDERING PROCESS
Provide a step -by -step outline describing all the major steps of the ordering process starting from
the moment an order is placed by City personnel. Involvement and responsibilities of the City and
Contractor should be identified and described. Included should be a discussion regarding rush or
priority projects and how those are processed and delivered. Proposers short- listed as a result of
this RFP will be called upon to demonstrate their order system in a live setting.
Office Depot's goal is to make the print order process as simple as possible. Therefore, we
provide our customers multiple ways to place orders. Orders can be placed via our online tools
like "online print center" or "custom stationary online" as well as email, hard copy pick up or drop
off at a local Office Depot store. No matter how we receive your order, our primary focus is
producing quality documents correctly within a reasonable time frame. In most cases print
orders can be accessed online to view delivery notes. City departments will have access to our
print support team from 8:00 AM — 9:00 PM Monday through Friday. Our dedicated support
team can answer any questions about turn time production or help facilitate rush jobs when
necessary. The following is an example of the simple online order process using our "file
cabinet ".
File Cabinet Order Process
• Click on the Office Depot link www.ofriicedepot.com /bsd /cop any _dprint
• Enter your login credentials and click
• within this landing page focus on the File Cabinet the and click
• Enter Usemame 1 Password and click
• Click Order Catalog Items
• Locate your documents from the listed folders or click for additional options
• Enter quantity and click to order the document {s} desired
• Click Continue
• Click to review itemized pricing
• Confirm quantity and click Next to proceed
• Click to review your order and edit required information
• Click to submit your order
• Capture the 12 digit confirmation order number listed on the top portion of the screen. If you
have any questions, please contact our Copy & Print Depot Customer Service Team at 1-
800- 983 -3376
Proprietary and Confidential 10
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DESCRIPTION OF ONLINE ORDER SYSTEM
Provide a detailed description of the online ordering system that your firm will utilize in facilitating
this Project. This discussion should detail exactly how the proposed order system meets or exceeds
all requirements listed in Section 7 of the Scope of Services. Specific areas to address include: how
City personnel will place orders, order tracking and order proofing. Screenshots or a PowerPoint
presentation may be attached to provide more information on your firm's order system.
Office Depot has the ability to accept and process orders electronically. Online ordering begins
by logging in on our secure and password protected Business Solutions Division website (Copy
http: / /bus i ness.officedepot.co m ).
• Demonstration Login: DPSTEST
• Demonstration Password: DPSTEST
From there, users visit the "Copy & Print" Tab, whose services are completely integrated within
the website. City personnel wishing to order additional services (i.e. office supplies, technology
and custom promotional products) can do it from this same website and receive accurate and
consolidated billing at the end of every month. Once within the Copy and Print T ab, users are
able to upload their documents directly from their computer or by extracting them from their
personal online electronic filing cabinet ... a free service that Office Depot provides to it's
customers. After we receive the job, online users can expect a call -back from one of our two
customer service teams within 30 minutes to go over the specifics of the copy job. Order history
can be tracked at any time using our powerful online order system. This is truly a differentiating
factor between Office Depot and it's competitors; many of whom do not offer this level of
service.
When you partner with Office Depot for Copy and Print Services, you have the advantage of
using our on -line File Cabinet digital storage service at no additional cost. This flexible, web -
based, repository securely holds all your digital documents in a universal PDF format for quick,
clickable ordering. Your approved users can add, remove, or modify documents any time, day
or night, and there are no limits to the number of File Cabinets you can set up. File Cabinet
enables each entity to efficiently update printed materials from multiple locations, streamline
document management and control costs. File Cabinet is a convenient way for your
organization to promote consistent use of your City's branding guidelines. Once posted to the
File Cabinet, designated basic users can order preconfigured documents in the quantity they
need. When dealing with multiple department locations, File Cabinet helps you control, modify,
and distribute documents more efficiently.
The City of Newport Beach benefits with File Cabinet from:
® Document storage for City departments
Centralized file storage to maintain the integrity of your files and brand identity
• Reduced print waste... Only order what you need when you need it.
® Flexibility in updating and editing documents
Easily manage File Cabinets and access levels
Central location for document printing needs
Please see attached document titled "OPC User Order Guide"
Proprietary and Confidential 11
EXHIBIT B
SCHEDULE OF BILLING RATES
OFFICE DEPOT, INC. Page B-1
8.5 x 11 20# White
One Sided
Black Print
$0.020
8.5 x 11 20# Assorted Colors
One Sided
Black Print
$0.030
8.5 x 11 60# Assorted Colors
One Sided
Black Print
$0.042
8.5 x 11 67# CardStock White
One Sided
Black Print
$0.056
8.5 x 11 67 #CardStock Assorted Colors
One Sided
Black Print
$0.056
8.5 x 11 70# assorted Colors
One Sided
Black Print
$0.042
8.5 X 1180# Cover Wausau Brt Wht
8.5 x 11Carbonless 2 Part Canary/White
One Sided
One Sided
Black Print
Black Print
$0.056
$0.100
8.5 x 11Carbonless 3 Part
One Sided
Black Print
$0.150
8.5 x 11Carbonless 4 Part Rev
One Sided
Black Print
$0.250
11 x 17 50#or60# White
One Sided
Black Print
$0.061
11 x 17 20# color paper
One Sided
Black Print
$0.060
8.5 x 11 24# White(Laser)
One Sided
Black Print
$0.041
11 x 17 24# White(Laser)
One Sided
Black Print
$0.061
8.5 X 1132# White (Laser)
One Sided
Black Print
$0.041
Door Hanger 2up Cardstock
One Sided
Black Print
$0.256
3 hole 8.5 x 11 20# White
One Sided
Black Print
$0.021
11" SterlingUltraDigCover- gloss100#
One Sided
Black Print
$0.170
ii"SterlingUltraDigTEXT -100#
One Sided
Black Print
$0.140
8.5 x 11 20# White
Two Sided
Black Print
$0.040
8.5 x 14 20# White
8.5 x 11 20# Assorted colors
Two Sided
Two Sided
Black Print
Black Print
$0.040
$0.050
8.5 x 11 60# Assorted Brights
Two Sided
Black Print
$0.082
8.5 x 11 67 #CardStock White
Two Sided
Black Print
$0.076
8.5 x 11 67 #CardStock Assorted Colors
8.5 x 11 60 #Smooth White
Two Sided
Two Sided
Black Print
Black Print
$0.076
$0.061
8.5 x 11 70# Assorted Colors
Two Sided
Black Print
$0.082
8.5 X 1180# Cover Wausau Brt Wht
Two Sided
Black Print
$0.076
8.5 x 11Carbonless 2 Part Canary/White
Two Sided
Black Print
$0.140
8.5 x 11 24# White(Laser)
11 x 17 324 White(Laser)
Two Sided
Two Sided
Black Print
Black Print
$0.061
$0.100
Door Hanger 2up Cardstock
Two Sided
Black Print
$0.276
3 hole 8.5 x 11 20# White
Two Sided
Black Print
$0.041
11' SteriingUltraDigCover- gloss100#
17 SterlingUltraDigCover- gloss100#
Two Sided
Two Sided
Black Print
Black Print
$0.190
$0.350
ii "5terlingUltraDigText -80#
17 "SterlingUltraDigText -80#
Two Sided
Two Sided
Black Print
Black Print
$0.070
$0.140
8.5 x 11 20# White
8.5 x 11/204 White (25% Cotton)FoxRiver
OneSided
OneSided
FullColor
Single Color Ink
$0.190
$0.190
8.5 x 11 60# Orbit Orange (recy)
OneSided
FullColor
$0.232
8.5x11 60 #Smooth White
OneSided
Single Color Ink
$0.190
8.5 x 1124/60 AstoParment -Aged
OneSided
FullColor
$0.250
8.5 X 1180# Cover Wausau Brt Wht
OneSided
FullColor
$0.226
8.5 x 11 24# White(Laser)
OneSided
FullColor
$0.190
8.5 x 14 24# White(Laser)
OneSided
FullColor
$0.190
11 x 17 24# White(Laser)
OneSided
FullColor
$0.380
8.5 X 1132# White (Laser)
OneSided
FullColor
$0.211
Kanzaki Gummed Label 8.5 x 11
OneSided
Single Color Ink
$0.630
11" SterlingUltraDigCover- gloss100#
OneSided
FullColor
$0.340
17" SterlingUltraDigCover- gloss100#
OneSided
FullColor
$0.650
11 "SterlingUltraOigTEXT -100#
11 "SterlingUltraDigText -80#
OneSided
OneSided
FullColor
FullColor
$0.310
$0.220
11 "KromeGloss -10pt -CIS -Cover
OneSided
FullColor
$0.310
17 °SterlingUltraDigText -80#
OneSided
FullColor
$0.440
12X18ProDigGloss- 100 #Cover
OneSided
FullColor
$0.650
8.5 x 11 20# White
8.5x11 60# Lunar Blue
TwoSided
TwoSided
FullColor
FullColor
$0.380
$0.422
8.5 x 11 60# Re -Entry Red
TwoSided
FullColor
$0.422
8.5 X 1180# Cover Wausau Brt Wht
TwoSided
FullColor
$0.416
8.5 x 11 24# White(Laser)
8.5 x 14 24# White(Laser)
TwoSided
TwoSided
FullColor
FullColor
$0.380
$0380
11 x 17 24# White(Laser)
TwoSided
FullColor
$0.760
11 x 17 32# White(Laser)
TwoSided
FullColor
$0.781
8.5 X 1132# White (Laser)
TwoSided
FullColor
$0.401
Door Hanger 2up Cardstock
11" SterlingUltraDigCover- gloss100#
TwoSided
TwoSided
FullColor
FullColor
$0.616
$0.530
17" SterlingUltraDigCover- gloss100#
TwoSided
FullColor
$1.030
11 "SterlingUltraDigTEXT -100#
TwoSided
FullColor
$0.310
17 "SterlingUltraDigTEXT -100#
TwoSided
FullColor
$1.000
11" SterlingUltraDigText -80#
TwoSided
FullColor
$0.410
11 "KromeGloss- 10pt -C1S -Cover
17 "SterlingUltraDigText -80#
TwoSided
TwoSided
FullColor
FullColor
$0.820
$0.440
12X18ProDiRGloss- 100 #Cover
TwoSided I
FullColor 1
$1.030
e
1.1 Provision of Insurance. Without limiting Contractor's indemnification of
City, and prior to commencement of Work, Contractor shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and
volunteers.
1.3.2 General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Contractor arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit each accident.
OFFICE ... DEPOT, T '.•
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Contractor
hereby waives its awn right of recovery against City, and shall require similar written
express waivers from each of its subcontractors.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
contract. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
,1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the contract to change the amounts and types of insurance
required by giving the Contractor sixty (60) days advance written notice of such change.
If such change results in substantial additional cost to the Contractor, the City and
Contractor may renegotiate Contractor's compensation.
1.5.3 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
OFFICE DEPOT, INC. Page C -2
1.5.4 Requirements not limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any, type.
1.5.5 Self- insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1.5.6 City Remedies for Non Compliance If Contractor or any
subcontractor fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Contractor or reimbursed by Contractor upon
demand.
1.5.7 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Contractor's Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the Work.
OFFICE DEPOT, INC. Page C -3
Contracting out Reprographic Services; Approval of Office Depot Agreement
November 27, 2012
uµt Page 4
s0-�7°b3-
City. For urgent or priority projects, Office Depot retail store locations
may also be utilized for order processing and fulfillment. The nearest
retail store location is located at 2747 Campus Drive in Irvine and is
4.7 miles from the Newport Beach Civic Center.
Approval of this contract will result in a reduction to Position Control of 2.0 FTE
personnel resulting from the layoff of 1.0 FTE personnel and the impending retirement
of the Printing Services Supervisor in December of this year. Office Depot has indicated
a willingness to consider hiring personnel displaced by the elimination of the Print Shop.
The actual annual fiscal impact will vary and is dependent upon the number of
reproduction copy jobs that are printed. Based on an analysis of the City's current
reproduction volume, staff estimates that the pricing for Office Depot's services will
result in a net annual expenditure decrease of at least $70,000 from the City's current
internal printing solution. By utilizing Office Depot's services, staff anticipates cost
savings in office equipment maintenance and repair costs, capital asset amortization for
reproduction equipment, overhead allocation, facility usage, and paper. In addition to
the cost advantages, staff has been satisified with the services provided by Office Depot
in the past. Based on these findings, staff recommends the Council approve an
agreement with Office Depot for reproduction services.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQX) pursuant to Section 15060(c)(3) (the activity is not
a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Dan Matusiewicz
Finance Director/Treasurer
Attachments: A. Proposed Agreement with Office Depot