Ashleigh Price Approved 1/14/2013

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1 City Council Agenda 35. Printer Cartridges Contract Ashleigh Price Approved 1/14/2013 Action: A. Award the low-bid unit price contract to SunBelt Office Suppliers, Inc. for the purchase of new and remanufactured printer cartridges for the term of two years, and B. Authorize the City Manager to extend the contracts for three additional, one-year terms with possible price adjustments as authorized by the contract. Staff Resource: Charles Robinson, Shared Services Explanation Shared Services/Procurement Management issued an Invitation to Bid (ITB) to provide new and remanufactured ink/laser printer cartridges for facsimile machines and desktop printers to the City of Charlotte and on behalf of the Charlotte Cooperative Purchasing Alliance (CCPA). The ITB included 401 original equipment manufacturer (OEM) printer cartridges that have been purchased by the City or other participating public agencies within the past year. Bidders were asked to identify alternative remanufactured cartridges for all OEM items that are environmentally preferred, sustainably produced, and cost less than the OEM product. City departments are encouraged to purchase remanufactured printer cartridges when feasible per the City Environmental Policy. Departments and participating public agencies may elect to order OEM or an alternate remanufactured printer cartridge as needed without guaranteed quantities. Two responsive bids and four non-responsive bids were received in response to the ITB. SunBelt Office Suppliers, Inc. was determined to be the lowest responsive bidder meeting all requirements including, but not limited to price, quality, performance, qualifications and experience, delivery, workmanship, ability to provide Products and Services to all potential participating public agencies, collection and recycling programs offered, on-line ordering, reporting, administrative fees, incentives, and any applicable environmentally preferable attributes. The annual expenditure is estimated to be a total of $200,000. Background The CCPA is a cooperative purchasing program established by Shared Services/Procurement Management with the specific purpose of reducing procurement costs by leveraging aggregate purchasing volume to receive better pricing. CCPA contracts are available for the use and to the benefit of all entities that must comply with state purchasing laws (cities, counties, public and private schools, colleges and universities, non-profits, and all governmental entities). The City of Greenville, City of High Point, Greenville Utilities, Mecklenburg County, New Hanover County, and Town of Southern Pines have expressed interest in using the contracts. SunBelt Office Suppliers, Inc. offers proactive approaches to addressing the City s environmental initiatives. For example, the City of Charlotte and Mecklenburg County s FY2012 purchases from SunBelt Office Suppliers, Inc. resulted in the following: - A total of 4,469 recycled printer cartridges; - Avoidance of 26,814 pounds of plastic in our landfills; and January 14,

2 City Council Agenda - Production of 3,352 pounds of recycled cardboard into post-consumer products. Small Business Opportunity No SBE goals are established for purchases of goods and equipment (Appendix Section 18 of the SBO Policy). Funding Various Departments Operating Budgets January 14,

3 Contract#: Amendment#: 6 Vendor#: 4514 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG SITH AMENDMENT TO THE AGREEMENT TO PROVIDE NEW AND REMANUFACTURED LASER/INK CARTRIDGES THIS SITH AMENDMENT TO THE AGREEMENT TO PROVIDE NEW AND REMANUFACTURED LASER/INK CARTRIDGES (this Sixth Amendment ) is made and entered into this 14th of August, 2017, by and between SunBelt Office Suppliers, a company doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City"). Statement of Background and Intent A. The City of Charlotte and the Company entered into an Agreement for New and Remanufactured Laser/Ink Cartridges dated February 1, 2013 (the Contract ) pursuant to which the Company agreed to provide New and Remanufactured Laser/Ink Cartridges for the City of Charlotte. B. The parties amended the Contract to add Products and to incorporate the E-Verify Certification and unit price adjustments in the First Amendment dated April 1, C. The parties amended the Contract to extend the Term of the Contract by the first of three (3) oneyear renewal terms to expire on January 31, 2016 and to incorporate unit price adjustments. D. The parties amended the Contract to extend the Term of the Contract by the second of three (3) one-year renewal terms to expire on January 31, E. The parties amended the Contract to add Products and to incorporate the Iran Divestment Act and unit price adjustments due to the HP Big Deal in the Fourth Amendment dated September 1, F. The parties amended the Contract to extend the Term of the Contract by the third of three (3) oneyear renewal terms to expire on January 31, G. The parties now desire to amend the Contract to add and modify Products and to incorporate changes in the Notices and Miscellaneous sections and certain other changes. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following: A G R E E M E N T 1. The terms of the Contract are restated by and incorporated into this Sixth Amendment by reference. 2. Defined terms used in this Sixth Amendment shall have the same meaning as are assigned to such terms in the Contract. 3. This Sixth Amendment incorporates modifications to the pricing sheet due to repetitive use of noncore Products and updated Product numbers as specified in Exhibit A. 4. Section 17 of the Contract ( Notices ) is restated in its entirety as follows: 17 NOTICES. Communications that relate to any breach, default, termination, delay in performance, prevention of performance, modification, extension, amendment, or waiver of any provision of this Contract shall be sent to: SUNBELT OFFICE SUPPLIERS AMENDMENT SI 1

4 For the Company: Bryan Burns SunBelt Office Suppliers, Inc. For the City: Kay Elmore City of Charlotte Management & Financial Services Procurement Management Contract#: Amendment#: 6 Vendor#: Southside Drive 600 East Fourth Street, CMGC 9th Floor Charlotte, NC Charlotte, NC Phone: Phone: Fax: Fax: bryan@sunbeltofficesupply.com kelmore@charlottenc.gov With Copy To (Company): With Copy To (City): Cindy White City of Charlotte City Attorney s Office 600 East Fourth Street CMGC 15 th Floor Charlotte, NC Phone: cwhite@charlottenc.gov 5. Section 18 of the Contract ( Miscellaneous ) is hereby appended as follows: PRE-AUDIT. No pre-audit certificate is required under N.C. Gen. Stat (a) because this Contract is for an indefinite quantity with no minimum purchase requirement. Notwithstanding anything contained herein to the contrary, this Contract does not require the City to purchase a single product or service, and a decision by the City to not make any purchase hereunder will violate neither this Contract nor any implied duty of good faith and fair dealing. The City has no financial obligation under this Contract absent the City s execution of a valid and binding purchase order or contract addendum containing a pre-audit certificate. 6. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract. 7. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect. [Signature Page Follows] SUNBELT OFFICE SUPPLIERS AMENDMENT SI 2

5 A Contract#: Amendment#: 6 Vendor#: 4514 IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this Sixth Amendment to be executed as of the date first written above. SUNBELT OFFICE SJPPLIERS, INC. CITY OF CHARLOTTE: CITY MANAGER'S OFFICE BY: (signat PR T NAME: gc-2.74 TITLE: V DATE: LtA ri.5 BY: (signature) PRINT NAME: }20 \Ach r 6- TITLE: DATE: E0//7 CITY OF CHARLOTTE: INSURANCE A IS MANAGEMENT BY: (signature) PRINT NAME: risiee 660k1 TITLE: c 4 V r DATE: 0117 SUNBELT OFFICE SUPPLIERS AMENDMENT SI 3

6 SUNBELT OFFICE - CCPA CONTRACT NEW AND REMANUFACTURED LASER/INK CARTRIDGES EHIBIT A - PRICING SHEET NON CORE PRODUCTS MOVED TO OEM CORE PRODUCTS ITEM DESCRIPTION MFG NAME MFG PRODUCT NUMBER YIELDS QTY UOM PRICE 24 TONER,HY,F/HL2270DW,BK BROTHER MFG BRTTN EA $ TONER,FOR HL 1440,6000PGS BROTHER MFG BRTTN EA $ TONER,F/LJ2100/2200,BK HEWLETT PACKARD HEWC4096A EA $ TONER,F/ HP CP4005,BK HEWLETT PACKARD HEWCB400A EA $ TONER,F/ HP CP4005,CYN HEWLETT PACKARD HEWCB401A EA $ TONER,F/ HP CP4005,YL HEWLETT PACKARD HEWCB402A EA $ TONER,F/ HP CP4005,MA HEWLETT PACKARD HEWCB403A EA $ TONER,F/ LJ P1505,BK HEWLETT PACKARD HEWCB436A EA $ TONER,F/HP CLJCP1215,BK HEWLETT PACKARD HEWCB540A EA $ TONER,F/HP CLJCP1215,CYN HEWLETT PACKARD HEWCB541A EA $ TONER,F/HP CLJCP1215,YEL HEWLETT PACKARD HEWCB542A EA $ TONER,F/HP CLJCP1215,MA HEWLETT PACKARD HEWCB543A EA $ TONER,F/HP CP4025/4525,BK HEWLETT PACKARD HEWCE260A EA $ TONER,F/CM4540 MFP,CN HEWLETT PACKARD HEWCF031A EA $ TONER,F/CM4540 MFP,YL HEWLETT PACKARD HEWCF032A EA $ TONER,F/CM4540 MFP,MG HEWLETT PACKARD HEWCF033A EA $ TONER,F/LJ2300,BK HEWLETT PACKARD HEWQ2610A EA $ TONER,Q2612A,2/B,BK HEWLETT PACKARD HEWQ2612D B $ TONER,F/ LJ 2400,BK HEWLETT PACKARD HEWQ6511A EA $ TONER,F/ LJ5200 SERIES,BK HEWLETT PACKARD HEWQ7516A EA $ TONER,F/P3005,6.5K,BK HEWLETT PACKARD HEWQ7551A EA $ TONER,F/P2015,3K,BK HEWLETT PACKARD HEWQ7553A EA $ TONER,CE285A,DUAL PACK,BK HEWLETT PACKARD HEWCE285D B $ TONER,F/P2015,7K,BK HEWLETT PACKARD HEWQ EA $ **417 INKCART,951L,CN HEWLETT PACKARD HEWCN046AN EA $ **418 INKCART,951L,MG HEWLETT PACKARD HEWCN047AN EA $ **419 INKCART,951L,YW HEWLETT PACKARD HEWCN048AN EA $ MANUFACTURER CHANGE IN PRODUCT NUMBERS ITEM # OLD NUMBER MFG NAME NEW NUMBER B001AA CANON CNM3500B001AA 33 CNM8955A001AA CANON CNM8955A F7 CANON CNM7621A001AA 38 S35 CANON CNM7883A CAN1509B007 CANON CNM1509B CANCL211 CANON CNM2976B CAN2974B001 CANON CNM2974B B001AA CANON CNM2662B B001AA CANON CNM2661B B001AA CANON CNM2660B B001AA CANON CNM2659B A002BA CANON CNMF B001AA CANON CNM0264B001 4

7 PRODUCER CERTIFICATE OF LIABILITY INSURANCE INSURED INSURER B : Sunbelt Office Supplies Inc 200 Southside Dr INSURER C : Charlotte, NC INSURER D : DATE (MM/DD/YYYY) 08/10/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, ETEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Dwight Grimestad CONTACT NAME: Sentry Customer Service PHONE FA (A/C, No, Ext): (A/C, No): ADDRESS: businessproducts_direct@sentry.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Sentry Insurance a Mutual Company INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ECLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF POLICY EP (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A A A CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY JECT LOC OTHER: AUTOMOBILE LIABILITY COMMERCIAL GENERAL LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY UMBRELLA LIAB ECESS LIAB SCHEDULED AUTOS NON-OWNED AUTOS ONLY OCCUR DED RETENTION $ CLAIMS-MADE /01/ /01/ /01/ /01/ /01/ /01/2018 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EECUTIVE A N / A OFFICER/MEMBER ECLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below /01/ /01/2018 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE PER STATUTE E.L. EACH ACCIDENT OTH- ER E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ 500,000 $ 15,000 $ 1,000,000 $ 3,000,000 $ 2,000,000 $ $ 1,000,000 $ $ $ $ $ 1,000,000 $ 1,000,000 PRODUCTS - COMP/OP AGG $ 1,000,000 $ 500,000 $ 500,000 $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER City of Charlotte 600 E 4th St Charlotte, NC CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) Page 1 of ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD 08/10/2017 Sentry Insurance a Mutual Company N f233e7b9-2b f-ad93bb719dda

8 AGENCY Dwight Grimestad POLICY NUMBER CARRIER ADDITIONAL REMARKS AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of NAIC CODE NAMED INSURED Sunbelt Office Supplies Inc Sentry Insurance a Mutual Company EFFECTIVE DATE: 04/01/2017 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance ACORD 101 (2008/01) Sentry Insurance a Mutual Company 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 08/10/2017

9 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) SCHEDULE Location(s) Of Covered Operations City of Charlotte 600 E 4th ST Charlotte NC Description: City of Charlotte Contract # Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" or "property damage" or "personal and advertising "property damage" occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or law; and subcontractor engaged in performing 2. If coverage provided to the additional insured operations for a principal as a part of the same is required by a contract or agreement, the project. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Change effective 08/10/2017 CG Insurance Services Office, Inc., 2012 Page 1 of Sentry Insurance a Mutual Company N b f a-b3c9-0e331305ad /10/2017

10 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of Sentry Insurance a Mutual Company Insurance Services Office, Inc., 2012 Change effective 08/10/2017 CG /10/2017

CERTIFICATE OF LIABILITY INSURANCE

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY