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HomeMy WebLinkAboutC2017-293 - 10/31/2017 - Approved 6 " ..JJI II SUPPLY AGREEMENT NO. 1257 V Office Supplies 1852 THIS Office Supplies Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Gateway Printing & Office Supplies ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Office Supplies in response to Request for Bid No. 1257 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Office Supplies in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 24 months. The parties may mutually extend the term of this Agreement for up to two additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $1,626,800.74, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully - - ret out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: 2017-293 corm Page 1 of 7 10/31/17 )/2/17 M2017-174 Gateway Printing& Office INDEXED Maria Pedraza Finance 361.826.3176 MariaPe@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, io the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a 001 in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shalt be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: Supply Agreement Standard Form Page 3 of 7 Approved as fo Legal Form 10/2/17 IF TO CITY: City of Corpus Christi Attn: Maria Pedraza Procurement Manager 1201 Leopard Street, Corpus Christi, TX 78401 Fax: 361.826.3174 IF TO SUPPLIER: Gateway Printing 8 Office Supply, Inc. Attn: Butch Shook Sr. Vice President 4934 Greenwood Drive, Corpus Christi, TX 78416 Fax: 361 .225.3055 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 24. Governing Law.This Agreement is subject to all federal,State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 SUPPLIER Signature: , C:- 47/c1;-•26/A.: Printed am,: ciONIV OICAnEW Title: '" /SIJ Cf-i MCS Date: 1 l - - 2.4- \7 CITY OF CORPUS CHRISTI (� Signature: c\ �z Printed Name: 1> � Title: 1"sr Q-L-;-f Date: \l--01- \' ATTEST. Leve__ &WV+, REBEAttached and Incorporated byReference: rrry HUERTA P r�TY SF,GRETARY Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. 1257 Exhibit 2: Supplier's Bid Response �.1.:.....! ' H Icy. if COUNCIL +.0141,11 SECRFTAQ%' 6 Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A: Scope of Work 1. General Requirements/Background Information A. The Contractor shall provide office supply and deliver to approximately of 50 physical locations city wide, each of which may have multiple desk top delivery locations. B. Historical Expenditures: October 2016-July 2017 $598,412.64 • October 2015 -September 2016 $449,292.68 October 2014- September 2015 $563,276.72 2. Scope of Work A. The Contractor shall make available a full selection of office supplies including ---- name brand toners for copiers and printers. B. The cost of delivery shall be incorporated in the cost of the items under this contract. Contractor shall not charge any extra charge for delivery. C. Desktop delivery to the person who placed the order is required. This requirement is of importance in large facilities such as City Hall. D. With the exception of special-order items, the Contractor shall provide next business day delivery of items. Orders placed after 3:00 pm shall be delivered on the second business day. E. In cases where the Contractor cannot meet the lead time, or does not offer requested product required by the City, the City reserves the right to secure items from other sources. F. The City will not be required to place a minimum order size. G. Contractor shall not charge a restocking fee or freight charges for returns made within 30 days of order. Contractor will assume freight/delivery charges for returned items. Page 1 of 2 H. The Contractor shall make available to the City a website which orders may be placed. Contractor's website shall have the capability to suggest to the purchaser name brand and "non-brand name equivalents/store-brands". 3. Work Site and Conditions The Contractor is not required to have a physical location in Corpus Christi. 4. Special Instructions A. The Contractor will provide a single point of contact who will have primary responsibility for the administration of the contract. B. Contractor will be available to take orders via telephone during the City's hours of operation, which are: Monday-Friday 8:00 am - 5:00 pm Central Time except the following holidays during which the City is closed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Day after Thanksgiving, and Christmas Day. Page 2 of 2 Attachment B: Bid/Pricing Schedule 4cr m� CITY OF CORPUS CHRISTI .11 BID FORM PURCHASING DIVISION Cr—CQ-7:1RFB No. 1257 1852 Office Supplies Date: 1:1 l5lc°11 Authorized %/� Bidder: G i_tol Tri.atiri Wa-cy17_,,ta< Signature: I. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid hove been arrived at independently, without consultation. communication. or agreement with any other Bidder or competitor. for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employers and the Disclosure a' Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true, c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. The following list of items is just a sample of the most commonly used items. This bid form is for comparison purposes to determine the lowest cost provider. Item Description UPC UN Unit Price Total Price Paper 1 8.5X1I White Copy Paper 123382885019 . CS 2 8.5X14 White Copy Paper 728062400029 CS 3 I1X17 White Copy Paper 723382300185 RM 4 8.5X1 ' Laser Paper, WE 035255450010 RM Ink Cartridge 5 Cartridge,Inkjet. HP950XL, BC886111609680< EA 5 f 5 , m Gateway Printing 8 Office Supply. Inc. Value of contract is based on the projected budget by organization for fiscal year 2017-2018. Page I of 3 6 Cartridge, HP CE285A.Blk 3525575575 EA 7 Cartridge. HEWCE260A. B k 884420186816 EA 8 Cartridge.IJ,HP 932XL, BIk 886111601462 EA Ca9 OK ridge. HP CE390A.81k. 653598105840 EA 10 Cartridge,Ink HP 564XL,BIk 88611 123 4295 EA Total General Offs e Supplies Percentage Catalog Discount See Exhibit"A"for Rebate Program Gateway Pnrro Page 2 of 3 j .. PRINTING • OFFICE SUPPLIES • OFFICE FURNITURE Exhibit "A" Bid Close Date: 9/6/2017 10:00 .4M CT Re: Gateway Office Supply Rebate Program Bid: City of Corpus Christi Texas RFB No. 1257 Office Supplies 2% rebate for Office Supply contract purchases • Rebate program terms: This rebate program is for the length of term set forth in the City of Corpus Christi Texas RFB No. 1257 Office Supplies (Including any and all extensions) • Rebate program is for Primary Supplier Status only. • Rebates to be paid annually within the first quarter of the following term of the contract. • Rebates to be paid on invoices that are paid within Gateway's net 30 payment terms. • Rebate payment exclusions: - Copy Paper - OEM Toners (IE HP Brand, etc...) - Furniture Gateway Printing & Office Supply, Inc. 4934 Greenwood Dr. Corpus Christi, TX 78416 (361)225-0772 www.gatewayp.com Page 3 of 3 Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises- Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is not This Exhibit domiciled in Texas) Employer's Liability $500,000 / $500,000 / $500,000 Page 1 of 3 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. B. Additional Requirements 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 2. Contractor shall be required to submit renewal certificate of Insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 3. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. Page 2 of 3 • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 4. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 5. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payments) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 6. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or properly resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 7. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 8. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Purchasing Office Supply Delivery Service 07/03/2017 sw Risk Management Page 3 of 3 Attachment D: Warranty Requirements Section 8. Warranty is null for this Supply Agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1.4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 it there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-256529 Gateway Printing&Office Supply,Inc. San Antonio,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/05)2017 being filed. City of Corpus Christi Texas Date Ack wledged: 3 Provide the Identification number used by the governmental entity or state agency to track or identify the c ntra t,and provide a description of the services,goods,or other property to be provided under the contract. RFB No.1257 Office Supplies Nature of interest 4 Name of interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Shook,Butch San Antonio,TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. ��,.i•yiri'.., TERESi STOte of i V'�i So •i,=Notary Public.State of Texas '���.�Comm.Expires 10-16-2019 "4,41,;,`,, Notary 1D 13040649.8 "� Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP!SEAL ABOVE f� ,,/ Sworn to and subscribed before me,by the said l/ ,,iv'+ �2S(�/ ,,,,�— � � ,this the _day of SkAr v 2017 .to certify which,witness my hand and seal of office. —- SO grpee--irk: //le 1-42-,1).421eti g oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission wM,v.ethics.state.tx.us Version V1.0.3337 1 ii