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HomeMy Public PortalAbout2016.05.12 Pitney Bowes Lease AgreementTrio Pitney Bowes WSCA/NASPO FMV Lease Option C Agreement Account # 10 - State of Idaho Your Business Information CITY OF MC CALL Agreement Number Full Legal Name of Customer 216 EAST PARK STREET Billing Address: Street Gail Draper DBA Name of Customer Tax ID # (FEIN/TIN) MC CALL City 208-634-4168 ext ID 83638-3832 Slate Zip+4 15886212883 Billing Contact Name 216 E PARK Installation Address (If different from billing address): Street BessieJo Wagner Installation Contact Name Billing Contact Phone # Billing CAN # MC CALL ID 83638-3832 City State Zip+4 208-634-4874 ext Installation Contact Phone # 15473280889 Installation CAN # Fiscal Period (from - to) Your Business Needs Customer PO # Delivery CAN # I Qty 1 Business Solution Description Mail Stream Solution - 1 DM300C Digital Meter System 1 IntelliLink Interface / PSD for DM300C/ DM400C/DM450C w/PP ( 1 Basic Accountin. (50 Accounts) 1 10lb Inter rated Weis hin. 1 Integrated Weighing Platform 1 pbSmartPostage Free 1 IntelliLink Subscription Your Payment Plan Number Of Months Check items to be included in customer's payment 17-1 Equipment Maintenance(Included with your payments for the initial term) Provides service coverage including certain parts and labor ElSoftware Maintenance (1st year included) Provides revision updates and technical assistance El Soft -Guard® Subscription (Included with your meter rental) Provides postal and carrier updates mIntelliLink® Subscription/Meter Rental Provides simplified billing and includes ( )resets per year Confirmation Services Electronic access to postal confirmation service X) Purchase Power® Receive an invoice for postage,consolidated billim and enhanced management reporting information. Monthly Amount* First 60 Does not include any applicable taxes Your Signature Below By signing below, you agree to be bound by all the terns and conditions of this Agreement, including those contained on Attachment B (this Lease"). This Lease is made and entered into pursuant to your State's/Entity's Participating Addendum, which is made in connection with the WSCA/NASPO Contract # ADSP011-00000411-7 ("Agreements"), all of which are available at www.pb.com/states. The terms and conditions of the Agreements govem this transaction, and in the event of any inconsistency with this Lease, the Agreements will supersede this Lease. This Lease will be binding on PBGFS only after PBGFS has completed its credit and documentation approval process and an authorized PBGFS employee signs below. 102.96 Required advance check of $( ) received Tax Exempt# State Tax (If applicable) Tax Exempt Certificate Attached Tax Exempt Certificate Not Required 5/12/16 PADD1096 Cu er Signature ckie J Aymon rint Name Sales Information Don Phillips Date Mayor Title State's/Entity's Participating Addendum # bwagner@mccall.id.us Email Address 473 Account Rep Name Equipment Vendor. Pitney Bowes Inc. for Sales and Service call 1-800-322-8000 CO174889.2 ) District Office Page 1 PBGFS Acceptance See www.pb.com/states for additional terms and conditions WSCA I NASPO FMV Lease Option C Agreement (Version 3/13) 2012 Pitney Bowes Inc. All rights reserved. Pitney Bowes Soft -Guard, IntelliLink and Purchase Power are registered trademarks owned by Pitney Bowes Inc. STATE OF IDAHO LEASE AGREEMENT Attachment B The State of Idaho by and through its statutory agent, the Administrator; Division of Purchasing on behalf of the Requisitioning Agency, the CITY OF MC CALL , hereinafter referred to as 'lessee, enters into this Lease Agreement hereinafter referred to as "Lease", with the Pitney Bowes Inc.. hereinafter referred to as "Lessor" whose name and address are noted in Exbbit E, said exhibit (and all other exhibits hereinafter referenced) attached hereto and incorporated in fall, for the lease (rental) of the following equipment set forth in Exhibit A_ 1_ RESPONSIBILITY: A_ Pitney Bowes will be responsible for delivery, installation, testing, training, maintenance and repair of the leased equipment Pitney Bowes will be Sae, sole point of contact for the delivery, installation, testing, training, maintenance and repair. B_ As provided in the WSCA/NASPO-AZ, master contract number ADSPOI I-00000411-7 with Idaho Participating Addendum Number PADD1096 Pitney Bowes Cilobal Financial Services LLC. ("PBGFS"), wallbill and accept payment for the lensed equipment. 2. EQUIPMENT: Equipment shall be in good condition without prior use by Lessor unless otherwise provided by the bidding documents, completely serviced for immediate use by Lessee, free from defect, and in all respects prepared for the use for whi& it is intended as per spedfications set forth in Exhbit B. 3_ CONFORMING GOODS. The Equipment shall minimally conform in all respects with the Equipment specifications as set forth in Western States Contracting Alliance and National Association of State Procurement Officials (hereafter WSCA/NASPO) master contract mhmber ADSPO 11-00000411-7 with Idaho participating Addendum Number PADD 1096_ In the event of nonconformity, and without limitation upon any other remedy, Lessee shall have no financial obligation in regard to the nonconforming Equipment 4 DURATION OF LEASE -OPTION TO RENEW: Lessor agrees to lease said Equipment to Lessee for a period oftime as set forth in Exhibit C, hereinafter referred to as 'Lease Tam_" Lessee small exercise its option to renew for annual periods, if at all and provided by the bidding documents, by serving written notice upon Lessor of its intent no later than thirty (30) days prior to conclusion of a Lease Term Pricing for any renewal period shall not exceed the amount for the most recent annual period of the Lease Term or as provided by the bidding documents. Written notice shall be deemed to be received by Lessor upon dispatch of same by the Administrator, Division ofPwohasing, in be postal system of the United States. S_ COST OF LEASLN G: The cost of leasing shall be as set forth in Exhibit D. The available monthly terms and respective monthly lease rates are as follows: Monthly Ballinz Term: Lease Rate: 36 .0342 48 .0277 60 .0237 STATE OF IDAHO LEASE AGREEMENT Attachment B 6_ PAYMENT SCHEDULE_ Lessee's obligation to make periodic payments for the lease of said Equipment shall begin upon delivery of goods which conform to the requirements of the Lease_ Lessor agrees to brill Lessee en the 30th day of the month immediately prior to the month for which payment is requested. Payment fir each Lease period shall be dispatched by Lessee no later than the 1st day of the month for the period for which payment is requested. Lessor is specifically aware that the use of said Equipment will be by the Requisitioning Agency fisted in Exhibit E, an agency of the State of Idaho_ Lessor is further aware that such use is to be funded by appropriations from the Legi slature of the State of Idaho, and may be funded in part by the government of the United States of America Lessor is further aware that payment pursuant to the terms of thi s Lease shall be by government vouches Lessor specifically agrees that late payment by the State of Idaho shall not constitute grounds for Default Any payments received later than sixty (60) calendar days from the due date may be subj ect to a late charge of five percent (5%) of the amount of fire payment which remains due for more than sixty 60) calendar days Lessee agrees to tender payment for the twelfth month of the Lease period simultaneously with tender of the first month'spayment ifrequested. 7. NOTICE OF INTENT TO CANCEL FOR DEFAULT: Lessor or Lessee shall give thirty (30) days written notice to the other, of any intent to =eel this Lease upon grounds of Default. Within that time period; the appropriate party shall have the absolute and uncontrolled right to cure_ Written notice shall be dispatched by Lessor to the Administrator of the Division of Purchasing; if by Lessee to Lessor, at fhe respective mailing addresses heretofore stated in Exhibit E_ Cancellation of this Lease shall be ineffective if attempted in any other manner_ OWNERSHIP_ It is expressly understood and agreed that this is a contract of leasing only and that Lessee by these presents acquires no right titre; or interest in or to the E quipment described in this Lease, except those of Lessee under this Lease_ R PERSONAL PROPERTY. The Equipment is and wr11 remain personal property of the lessor and will not be deemed to be affixed to or a part of the real estate an which it may be situated, no0.Rithstanding that the Equipment er any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon As the Equipment is and will remain personal properly ofthe lessor, the lessor will be responsible for all personal property taxes. The State is generally exempt frompayment of state sales and use taxes and from personal property tax and as arch the State will not be billed by the lessor for the personal property tax 10_ COST OF OPERATION. Lessee agrees to bear the entire cost of operating the leased Equipment and agrees to follow the manufacturer' s servicing recommendations_ Lessor shall have the right to inspect the leased Equipment during reasonable business hours_ 11. OVERLOADING: Lessee agrees that it will not operate the Equipment beyond the rated capacity established by its manufacturer_ Lessee also agrees not to make any alterati ms to fhe Equipment, its attachments, controls, or motors Page 2 of 7 STATE OF IDAHO LEASE AGREEMENT Attachment B 12_ ASSIGN IMENTS: This Lease shall not be assigned by Lessee without the written ocnsent of the Lessor_ Neither this Least nor any of Lessor's rights hereunder, shall be assigned or in any other manner be transferred by Lessor to any other parry, without the written consent of the Administrator, Division of Purchasing: and any such agreement or transfer without such approval shall cause the annulment of the Lease so assigned or transferred, at the option of the State of Idaho. For WSCA INA SPO AZ master contract number AD SP011- 00000411-7 with Idaho participating Addendum Number PADD1096 only, Pitney Bowes Corporation may assign the lease in whole or for payment only to another Pitney Bowes Owned Entity orAffdiate without the written consent of the Administrator, Division of Purchasing. 13 NEGLIGENCE_ The Lessee will hold the Lessor harmless for any liability arising out of the negligent use or operation of the Equipment by the Lessee. Lessor will hold Lessee harmless for any liability arising out of the negligence of Lessor; or defect or operation of the Equipment; or arising out of a failure by Lessor to comply with any state ar federal statute, law, regulation or act.. 14_ OFFICIALS, AGENT AND EMPLOYEES OF LESSEE NOT PERSONALLY LIABLE: It is agreed by and between the parties hereto that in no event shall any official, officer, emplvwee or agent of the State of Idaho be in any way personally liable or responsible far any covenant or agreement herein contained whefner express or implied, nor for any statement, representation or warranty made herein in any connection with this Lease_ 15_ APPROPRIATION BY LEGISLATURE REQUIRED- It is understood and agreed that Lessee is a government entity and this Lease shall in no way or manner be construed so as to bind orobligate the State of Idaho beyond the term of any particular appropriation of fiords by the State Legislature or the Congress of the United States as may from time to time exist. In the event the Idaho Legislature or the Congress fails, neglects or refuses to appropriate such funds as may be designated by and enable the Requisitioning Agency to continue the Lease payments, this Lease shall be at such time automatically terminated and at an end, and all future rights and liabilities of the parties hereto shall thereupon cease within ten (10) days after written notice to the Lessor. It is understood and agreed that the Lease payments herein provided for shall be paid from the joint appropriation of the State of Idaho, Requisitioning. Agency as listed in Exhibit E. 16. INSURANCE: The Lessee maintains a program of self insurance, and the Equipment will be insured to the same extent as other property of the Lessee. All Public Liability coverage for the Lessee individually shall be secured by Lessee Upon written request Lessee shall furnish Lessor satisfactory evidence of such insurance coverage or self-insurance; which evidence shall among other things provide that Lessor receive immediate notice of policy cancellation. All such insurance or self-insurance shall protect, as their interests may appear, the Lessor; the Lessee, any other person having an interest in the Equipment, and any person responsible far the use or operation of the Equipment. Pay :. 7 STATE OF IDAHO LEASE AGREEMENT Attachment B 17. GENERAL PROVISIO\ _ a) Neither party shall be liable or deemed to be in default for any Force Majeure delay or $ilure in perforurance under this Lease or interruption ofseni ce resulting from Acts of God, civil or military authority, acts of war, riots, insurrections, labor disputes, or unusual delays beyond the Lessor's control. b) This Least shall be construed in accordance with, and governed by the laws of the State of Idaho_ c) This Lease; with the WSCA/NASP0-AZ master contract number ADSP011-0200041 I-7 with Idaho participating Addendum Number PADD 1096 to the extent it is not in conflict with Exhibits A through E inclusive, constitute the entire agreement between the parties with respect to the subject matter hereof and shall supersede all previous proposals, bcth oral and written, negotiation, representaticns, commitments; and all other communications between the parties. It may not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. The term of the Lease shall prevail notwithstanding any variances with the terms and conditions of any ordersubmitted by the State of Idaho. Page 4 of 7 STATE OF IDAHO LEASE AGREEMENT EXHIBIT "A" Equipment General Equipment Description SBYP DM300C Digital Meter System G900 IntelliLink Interface / PSD for DM300C/ DM400C/DM450C w/PP (NTF) 1 FAE Basic Accounting (50 Accounts) 1GW9 10Ib Integrated Weighing MP9G Integrated Weighing Platform PTVO pbSmartPostage Free G9SS IntelliLink Subscription Page 5 of 7 STATE OF IDAHO LEASE AGREEMENT Specifications: Delivery Date: Lease Term_ Lease Costs: Delivery & Installation: De -installation $ Removal: EXHIBIT "B" WSCA/NASPO-AZ master contract number ADSP011-00000411-7 with Idaho participating Addendum Number PADD 1096 specifications, including contract terms and conditims, ifnot attached or otherwise described, are those stated in the V6'SCA/NASPO documents and are incorporated by reference as though herein set out in full_ EXHIEtIT "C" On or Before 5 year(s) [with option to renew, ifprovided in bidding documents] EXHIBIT "D" Detailed equipment list and monthly cost (if maintemnce agreement is purchased list maintenance cost per month) Monthly @ $102 96 per month NONE NONE Page 6 o/ 7 STATE OF IDAHO LEASE AGREEMENT EXHIBIT "E" Contractor: Requisitioning Agency's (Lessee) Name and Add tess: Pitney Bowes Inc. 1 Elmcro$ Road Stamford; CT 06926-0'700 Signature: Printed Name: Date: CITY OF MC CALL 216 E PARK MC CALL ID 83638-3832 Contact Linda Diane Hill Agency Contact: BessieJo Wagner Phase 208-634-4874 Celle 20&724-0101 Cell: Fax 203-460-3773 Fax- 208-634-3038 Email: linda-dianehill a pb.com Email: bwagner@mccall.id.us Pitney Bowes Global Financial S en -ices LLC ("PBGFS') Signature: Printed Name: Date: Contact: Phone: Cell - Fax Email - Page 7 of 7