HomeMy WebLinkAboutPitney Bowes Inc; 1994-05-10;8 I__ re8
Date May 10
OReply Wanted To File
From Isabelle Paulsen UNO Reply Necessary
A fully executed copy of the original agreement was given to Rut1 Purchasing. Purchasing will take care of sending a copy to Pitnc Bowes Inc.
Folder/inserter system - Pitney Bowes, Inc.
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CONTRACT FOR
FOLDERIINSERTER SYSTEM
PURCHASE, INSTALLATION AND SET-UP OF A
THIS CONTRACT, is made and entered into this lothday of MAY, 1994 , by a
between the Carlsbad Municipal Water District, hereinafter referred to as "District" a
Pitney Bowes Inc., hereinafter referred to as "Contractor".
WHEREAS, the Contractor has submitted to the District a proposal to provide
purchase, installation and set-up of a folder/inserter system.
WHEREAS, it has been determined that it is in the best interests of the District to en
into the contract hereinafter contained.
NOW, THEREFORE, in consideration of the mutual promises, conditions, and covenat
herein contained, the parties hereto agree as follows:
1. Items to be Purchased
The Carlsbad Municipal Water District will purchase the following items at I
indicated total price:
I EAF430 Spectrum Base Unit
2 EAF431 Spectrum Insert Feeders (2,375.00 ea)
1 EAF432 Spectrum Folding Module
1 EAF434 Spectrum Sheet Feeder
$9,235.00
$4,750.00
$2,460.00
$2,545.00
Subtotal $1 8,990.00
Less Value Plus Discount -$2,500.00
Net FOB Destination $16,490.00
Tax (7.00%) $1 154.30
$1 7,644.30 Total Cost of Equipment
2. Description of Eauipment
The equipment in paragraph one of this contract will be as described in paragra
3.1 of the Contractor's proposal and accompanying literature.
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3. Responsibility for System Performance
The Contractor represents that the system proposed will perform in a manr
which will meet the needs of the District as described in the District's request 1
proposal. If the system does not perform at the proposed level, the Contractor,
no increased cost to the District, will add or upgrade equipment as necessary
meet the proposed standard.
4. Items Included in Price
Included in the total cost of equipment in paragraph one of this contract i
delivery and freight charges, installation costs, setup and adjustment, the cost
the required performance bond, the cost of required insurance, the cost of a C
of Carlsbad business license, and training, as described in paragraph four oft
proposal, of City personnel.
5. Delivery
All equipment will be delivered to the required site at the City of Carlsbad no la
than 60 calendar days after the City mails the purchase order.
6. Installation and Setup
Initial setup and adjustment will be completed by the Contractor no later than ei!
business hours after delivery, unless both City personnel and the Contractor agr
to a different setup and adjustment schedule.
7. Training of .City Personnel
As stated in the Contractor's proposal, the Contractor will conduct initial train
on all installed equipment with no limit on the number of initial trainees.
8. Payment
Payment to the Contractor will be due 30 days after the Purchasing Officer issi
a memo of acceptance. Acceptance will occur only after all equipment is instal
and is operating in accordance with specifications proposed by the Contractor i
other contractual obligations have been discharged to the satisfaction of
Purchasing Officer.
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9. Warranties and Guarantees
The Contractor will provide a 90-day warranty as described in paragraph 5.1 of 1
Contractor's proposal. Also the Contractor will provide a five-year custon
satisfaction guarantee as described on the Pitney Bowes certificate number i
10807 RI(91) which was included in the Contractor's proposal. Both the warra
and the guarantee will start after acceptance as discussed in paragraph sever
this contract.
10. Equipment Maintenance Agreement
The Contractor will offer an equipment maintenance agreement based or
monthly usage of less than 42,000 equipment cycles per month for a cost noi
exceed $1,502.00 for the first year as described in paragraph 5.2 and 5.3 of'
Contractor's proposal. If the District chooses to enter into the agreement,
agreement will begin after the initial warranty expires and will end 365 day lai
11. Faithful Performance Bond
Within 10 days of the issuance of the purchase order for this equipment,
Contractor will deliver to the City an executed performance bond on the fc
provided by the City.
12. Insurance
The contractor shall obtain and maintain policies of general liability insurance, i
a combined policy of worker's compensation and employers liability insurance fr
an insurance company authorized to do business in the State of California wh
meets the requirements of City Council Resolution No. 91-403 in an insura
amount of not less than one million dollars ($1,000,000) each, unless a lo\
amount is approved by the City Attorney or the City Manager. This insurance SI
be in force before the delivery of any equipment and end after the 90-day warra
period.
13. Business License
The Contractor shall maintain a business license to operate in the City
Carlsbad.
Bmminration Reform and Control Act
The Contractor shall be aware of the requirements of the Immigration Reform i
Control Act of 1986 and shall comply with those requirements including but
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limited to verifying the eligibility for employment for all agents, employees E
subcontractors that are included in the contract.
15. Hold Harmless
The City, its officers, and employees shall not be liable for any claims, liabiliti
penalties, fines, or any damage to goods, properties, or effects of any pen
whatever, nor for personal injuries or death caused by, or resulting from, i
intentional or negligent acts, errors or omissions of the Contractor or '
Contractors agents, employees, or representatives. Contractor agrees to defe
indemnify, save free, and hold harmless the City and its officers, agents, i
employees against any of the foregoing claims, liabilities, penalties or fin
including liabilities or claims by reason of alleged defects in any plans i
specifications, and any cost, expense or attorney's fees which are incurred by
City on account of any of the foregoing.
16. Independent Contractor
It is expressly understood and agreed that the Contractor herein named is act
as an Independent Contractor and not as an agent, servant, or employee of
City.
17. Assiqnment of Contract
Contractor may not transfer, assign, or subcontract this contract without p
written consent of the District.
18. Notice
Any and all notices, notifications, changes or other matters relating to this contr
shall be given in writing by the individual designated by the Contractor anc
agreed to, shall be effective only when received by the City at the follow
address: Purchasing Department, City of Carlsbad, 1200 Carlsbad Village Dri
Carlsbad CA 92008. All notices to the Contractor from the City will beco
effective when mailed to the following address: Pitney Bowes lnc.,10410 Fri
Road, San Diego CA 92010.
19. Governinq Law
All matters regarding this contract shall be interpreted in accordance with the I;
of the State of California, and any controversy that cannot be settled directly s
be initally submitted to an arbitrator mutually acceptable to the parties. Judgm
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upon the arbitration award rendered may be entered by any court hav
jurisdiction thereof, if the parties do not exercise their right to a judic
determination.
20. Changes in Contract
If, in the course of this contract, changes seem merited by the Contractor or
District, and informal consultations by one party with the other indicate thal
change in the conditions of the contract is warranted and is mutually agreed to, t
Contractor or the District may request a change in this contract. Such chang
shall be processed by the District in the following manner: A letter outlining t
changes shall be forwarded to the District by the Contractor describing t
changes along with any updates to charges or level of service. A supplemen
contract shall be prepared by the District and approved by the District
accordance with applicable City codes. Such supplemental contract shall i
render ineffective or invalidate unaffected portions of this contract.
21. Verbal Agreement or Conversation
No verbal agreement or conversation with any officer, agent or employee of tl
City, either before, during or after the execution of this contract, shall affect
modify any of the terms or obligations herein contained nor entitle the Consult;
to any additional payment whatsoever under the terms of this contact.
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22. Authorized Signature
The person signing this contract for the Contractor is an agent authorized by Pitr
Bowes Inc. to bind the Contractor.
IN WITNESS WHEREOF, the parties hereto have executed the contract at Carlsbi
California, the day and year first above written.
Carlsbad Municipal Water District Contractor
Pitney Bowes
Attest:
LLe27iktu
Aletha L. Rautenkranz, Secretary
Approved as to form:
L.R. L.
General Counsel qqsu.
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