Agenda 07/28/2009 Item #16E15—,n'- �t` --M No. 16E15
,July 28, 2009
Page i c,'6
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve the
Assumption Agreement from Corporate Express Business Interiors ( "CEBI ") to
Staples Contract & Commercial, Inc., operating as Business Interiors by Staples
( "Staples "), for janitorial supplies for the Emergency Medical Services (EMS)
Department, office supplies for multiple departments, and systems furniture for
the new Emergency Services Center (ESC).
OBJECTIVE: To gain approval from the Board of County Commissioners to complete the
assignment of the Assumption Agreement from Corporate Express Business Interiors ( "CEBI ")
to Staples Contract & Commercial, Inc., operating as Business Interiors by Staples ( "Staples "),
for janitorial supplies for the Emergency Medical Services (EMS) Department, office supplies for
multiple departments, and systems furniture for the new Emergency Services Center (ESC).
CONSIDERATIONS: On May 25, 2006, the Board approved award of Contract 06 -4006 to
CEBI for janitorial supplies for EMS. On September 11, 2007, the Board approved award of
Contract 07 -4127 to CEBI for office supplies to be used by multiple departments. On December
16, 2008, the Board approved Contract 09 -5158 to CEBI for systems furniture for the ESC.
These agreements remain in force.
In July 2008, by virtue of a tender offer for all of the outstanding capital stock of Corporate
Express N.V., Staples became the successor in interest to CEBI. The County staff was notified
on June 2, 2009, of the purchase. Following the Procurement Administration Procedures, staff
has acquired the necessary documents from Staples, which have been reviewed and approved
by the Office of the County Attorney. The Purchasing Department is recommending approval of
the assumption of the three Contracts by the successor firm, Staples.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item is a
regular item requiring a majority vote. — JBW
RECOMMENDATION: That the Board of County Commissioners approves the Assumption
Agreement from Corporate Express Business Interiors ( "CEBI ") to Staples Contract &
Commercial, Inc., operating as Business Interiors by Staples ( "Staples "), and authorizes the
Chairman to sign the Assumption Agreement from CEBI to Staples for the janitorial supplies,
office supplies, and systems furniture contracts as referenced above.
PREPARED BY: Diana De Leon, Contracts Technician, Purchasing Department
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A;! ili ''Lerrl No. 16F—',5
Jul} 28. 2009
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
i 6E i 5
Item Summary:
Recommendation for the Board of County Commissioners to approve and authorize the
Chairman to sign the Assumption Agreement from Corporate Express Business Interiors
(CEBI) to Staples Contract & Commercial, Inc.. d!b /a Staples Advantage (Staples) for
Janitorial Supplies for Emergency Medical Services (EMS) Department, Office Supplies for
multiple departments, and Systems Furniture for the New Emergency Services Center (ESC).
Meeting Date:
7128/2009 9:00:00 AM
Prepared By
Diana DeLeon
Administrative assistant Date
Administrative Services
Purchasing 7116/2009 1:22:46 PM
Approved By
Steve Carnell
Purchasing /General Svcs Director Date
Administrative Services
Purchasing 7/1612009 3:34 PM
Approved By
Len Golden Price
Administrative Services Administrator Date
Administrative Services
Administrative Services Admin. 7,11 '11201.19 "0:34 AM
Approved By
OMB Coordinator
OMB Coordinator Date
County Manager's Office
Office of Management & Budget 7117!2009 10:43 AM
Approved By
Jeff Klatzkow
Courty Attorney Date
Colur;ty A.ttorncy
r^urty fi:ttor as, nffic. ,:20/2:'.09 3:12 P,:?
Approved By
Sherry Pryor
Management & Budget Analyst Date
County Manager's Office
Office of f.I;anagement & Budget 7120/20u'9 3:21 PM
Approved By
Lee E. Ochs, Jr.
Deputy County ,tanager Date
Board of County
Commissioners
County Manager's Office 7/20/2009 6:00 PM
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Oilbusiness
interiors -
BY STAPLES
June 2. 2009
1456 T4 PI * * * * * * * * * * * * * * * * * ** *AUTO* *MIXED AADC 800
COLLIER COUNTY GOVERNMENT
3301 TAMIAMI TRL E
NAPLES, FL 34112-4961
Dear Valued Customer:
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Staples acquisition of Corporate Express (CE) in July 2008 combined two of the world's best office
- products companies resulting in a global- organization with a full suite of product and service
offerings. As part of that acquisition, Staples, Inc. is excited to welcome Corporate Express Business
Interiors (CEBI) to the Staples Advantage family. Since the acquisition last July, the Staples and
Corporate Express Business Interior teams have been working together to integrate our companies and
our furniture offerings for our customers. We are excited to announce that Corporate Express
Business Interiors will now be called Business Interiors by Staples.
As of June 30, 2009, as a result of the integration, the seller under your agreement with CE will be
Staples Contract & Commercial, Inc. The following information will help make this a seamless
transition for you.
As part of the recent changes, the name on your invoices is changing from Corporate Express to
Staples Advantage (a division of Staples Contract & Commercial, Inc.). The remittance address
remains the same.
In addition, our tax ID is changing. Please visit www.StapiesW9.com to download an updated IRS
Form W- or your records. Also, please update the name on your purchase orders from Corporate
L, press to Staples Advantage befui'e July i, 2009.
Should your organization be exempt from state and local sales tax, we want to make it easy for you to
continue your tax -free purchasing from Staples. Please submit updated, state- required sales tax
exemption documentation issued to "Staples. Inc. & Subsidiaries," prior to July 1, 2009. Please be
sure to include your customer number on the documentation submitted.
the care- irh.- C$- cusy�rayS to submit your or-amzat-lon's updfited sates tax exemptilan docume n`a`6-on: --
Fax: 303 -323 -6754 or
Email: Tax ExemptUpdates(a Staples. com or
Mail: Staples Shared Services Center
Attention: Tax Exempt Updates
300 Arbor Lake Rd
Columbia, SC 29223
Should you have tax - exempt related questions, please email us at T axExemptUpdates(a Staples.com.
Or, should you need more information about any of the above, please visit www.StapiesW9.com. We
have posted some commonly asked questions there as well as additional contact information.
We are excited for what our combined company can offer you. Thank you for your business and we
look forward to working with you in the tru ure.
hest Kegards,
John Michael
Vice President
Business Interiors by Staples
Jul }f 28; 2909
Faye 4 of 5
STAPLES
Dear Valued Customer:
Staples' acquisition of Corporate Express (CE) ih July 2008 combined two of the world's best
office products companies, resulting In a global organization with a full suite of product and
service offerings. Since the time of the acquisition, we have been working diligently to
integrate the companies into one business from a branding, operational and functional
perspective. As of June 30, 2009, as a result of the integration, the seller under your
agreement with CE will be Staples Contract & Commercial, Inc.
As part of the recent changes, the name on your invoices is changing. In addition, our tax ID
is changing. The remittance address remains the same. Payments should be remitted
only in accordance with the remittance address provided on your invoice remittance
slip.
For your records, attached is an updated IRS Form W -9 Request for Taxpayer Identification
Number and Certification for Staples Contract & Commercial, Inc., which certifies its status as
a corporation exempt from federal income tax withholding. This IRS Form W -9 applies to
existing, as well as newly integrated and re- branded divisions of Staples Contract &
Commercial, Inc., including:
• Staples Advantage (including Corporate • Staples Promotional Products (including
Express Office Products) Corporate Express Promotional Marketing)
• Wisconsin Document Imaging (formerly • Business Interiors by Staples (formerly
Wisconsin Business Machines) Corporate Express Business Interiors)
• Coastwide Laboratories 4 `� ` iQ' J8iaples'Technology Solutions ( /CGS)
• Staples Facility Solutions
If you have any questions, please visit www.StaplesW9.com, on which we have posted some
commonly asked questions, as well as additional contact information.
We appreciate your help as we work to fully integrate our companies. As always, we sincerely
appreciate your business, and we look forward to'a long and fruitful relationship together.
Sincerely,
Staples Financial Services Team
iY .fir' .
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ASSUA,I PION AGI E w E_ i
This Assumption Agreement is made and entered into as of 2009, by
and between Staples Contract & Commercial, Inc. operating as Business Interiors by Staples
( "Staples ") or "Contractor ", and Collier County, a political subdivision of the State of Florida
( "County ").
WHEREAS, on May 25, 2006, the Collier County Board of County Commissioners
awarded bid 06 -4006 to Corporate Express Business Interiors (CEBI) for Janitorial Supplies for
the Emergency Medical Services (EMS) Department (hereinafter referred to as "Agreement 1 ");
and
WHEREAS, on September 11, 2007, the Collier County Board of County Commissioners
awarded bid 07 -4127 to CEBI for Office Supplies (hereinafter referred to as "Agreement
and
WHEREAS, on December 16, 2008, the Collier County Board of County Commissioners
awarded bid 09 -5158 to CEBI for Systems Furniture for the New Collier County Emergency
Services Center (ESC) (hereinafter referred to as "Agreement 3 "); and
WHEREAS, Staples hereby represents to Collier County that by virtue of a tender offer
for all of the outstanding capital stock of Corporate Express Staples is the successor in
interest to CEBI in relation to Agreements 1, 2 and 3, hereinafter "Collective Agreements "; and
WFIEREAS, The parties Vv "iSli to fisririaliZe Staples' aSSuilpticn Of rigllr.S and obligations
under the Agreements, eff ctive as of the date first above ,,written.
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Agreement, and for other good and ,,aluabie consideration, the receipt and sufficiency of which
are acknowledged by the parties, A is agreed as toilox s:
1. Staples accepts and assumes all rights, duties, benefits, and obligations of CE.BI
under the Collective A eei7lelitS, 'Encluuing all t;:"tuiing and Iture obiilpz iors to pay and
pe,r:j:orm udder the Collective na <__>reeinents.
2. Staples has delivered to County evidence of insurance consistent with the
Collective <egrccmcnts.
3. Except as expressly stated, no CurLher suppleilients to, or mouifications of, the
Collective Agr c Linen -ls are contemplated by the par ties.
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12730 Co;liiion tre, S ^?ite
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A�er;tioi1: Clrxii C'UTFOii
Age: l-a Item No. 157-15
JuIv 28, 2009
Page 6 of 6
With a copy to:
Staples Contract & Commercial, Inc.
500 Staples Drive
Framingham, MA
Attention: General Counsel
S. 'Me County hereby consents to Staples' assumption of the Collective Agreements.
No waivers of performance or -extensions of time to perform are granted or authorized. The
County will treat Staples as the Contractor for all purposes under the Agreement
IN WITNESS WHEREOF, the wridersigned have executed and delivered this Assumption
Agreement, effective as of the date first shove written.
FOR COLLIER COUNTY:
ATTEST-, BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clark COLLIER COUNTY, FLORIDA
By:
Deputy Clerk DONNA FIALA, CHAIkM
FOR Stapieg Contract & Commerciak tnt--
T i t!,-- -
An ved as to farnt and 'icp! sufli-.iencr.
PM
By:
Aast.,nant Co: n7y At%,-ncy
Date: