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TOSHIBA
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1. ACCEPTANCE. This Contract shall not be elterdve unless signed by the authof¢ed TBS representative (Effective Date) within 30 days from the Customer's signing of this Contract
2. TERM. This Contract will remain in force for one (1) year from the Effective Dale (Renewal Date) and will then be automatically renewed for annual peflod(s) unless ether party provides notice of termination not lass than ttidy (30) days
prior to the Renewal Date. For each piece of equipment under this Contract there will be a Start Date & Star Meter which is shown on the face of this Contract Service for each piece of equipment will be provided from the Start Date & Stara
• Meter until this Contract 's terminated or the equipment Is withdrawn from the service.
Customer may withdraw individual equipment by providing thirty (30) day written notice prior to the Renewal Date. Customer is responsible for all remaining Minimum payments if Customer is in default or if equipment is withdrawn prior to
Renewal Dale.
3. SERVICE AVAILABILITY. TBS will provide service during TES's normal service hours while the equipment is located within TES's designated service area. Service outside TES's designated area. if evadable and accepted by TBS is subject
The service to keep the equipment in or restore the equipment to good working order includes Emergency Service Cars and Periodic Maintenance (PM's). PtvTs may be performed during the course of an Emergency Service Cab and are bas
If the Customer requests service to be performed at a time outside TBS's normal service hours, More will be no additional charge for maintenance parts, however, the service, t available, will be furnished at TES's applicable hourly rates and
In the event there is a substantial increase in the cost of fuel, Customer agrees to pay a fuel surcharge. 'Subsrantrar shall be defined as a 10% or more change over a six month period in the average national fuel cost as reported by the Unl
4. NETWORK INTEGRATION SUPPORT. Support of print controllers and prinVscan onablers that permit the integration of the device onto a Customers network is covered under the toms of a property executed Connectivity & Security Oplka
5. INVOICING - LATE CHARGES. The first Minimum Payment is dire upon receipt of an invoice. Thereafter, Minimum Payments will be due on the same date each month during the Term of this Contact whether of not Customer receives an
If any part of a payment is not made by the Customer when due, Customer agrees to pay TBS a Late Charge of the higher of $25 or two percent (2 %) of each such late payment, but not more than permitted by law. Customer agrees to pay
6. USAGE. In return for the Minimum Payment, Customer is entitled to use the Minimum Number of Clicks each billing period. If Customer uses more than the Minimum Number of Clicks in any billing period, Customer will pay an additional art
Customer will provide meter readings via an automated websile when requested by TBS. TBS may estimate the number of clicks used if requested Meter Readings are not received before anew bilfvg period begins. TBS will adjust the esth
The Minimum Payment, and Excess Crick Charge are subject to increase each year during the Tenn of this Contract by an amount not to exceed fifteen percent (15 %) of the Minimum Payment and Excess Crick Charge N effect at the end of
7. CONSUMABLE SUPPLIES. TBS agrees to furnish consumable supplies (ink, toner and toner collection containers) for the Term of the Contract Customer Is responsible for ordering supplies to assure ample tine for delivery. TBS may cha
All supplies delivered as par( of this Contract remain the property of TBS until and unless they are consumed by the equipment In the performance of this Contract. Any supplies not consumed as specified and not surrendered to IBS upon e
8. TAXES. In addition toga charges due under this Contract, the Customer agrees to pay amounts equal to any taxes resulting from this Contract, or any activities hereunder, exclusive of taxes based upon net income.
9. INSTALLATION AND ACCESS TO EQUIPMENT. Customer agrees to provide adequate space, environment and appropriate electrical requirements including, t required, a ded'aaled 120 vot or 220 volt electrical tine, as published In the 01
If persons other than TBS representatives install conversions, feature additions, accessories of perform service on equipment and as a result further repair by TBS is required, such repairs shag be made at TES's applicable Tune and Material
10. KEY OPERATOR - END-USER TRAINING. Customer agrees to designate a Key Operator for traiung on the use, applications and features of the equipment The Key Operator will be responsible far normal Key Operator activities as data
11. EXCLUSIONS. Service under this Contract does not include:
(a) Fumishing paper, staples, replacement print heads or any of the folkmig:
(b) Service of equipment if moved outside of TBSs designated service area
(c) Repair of damage or increase in service time caused by accident misuse, negligence, abuse or disaster,
(d) Service of accessories, attachments or dick control devices other than those of the same manufacturer as the equipment:
(e) Painting or refinishing of the equipment;
(f) Making specification changes;
(g) overhaul; when TBS determines an overhaul is necessary because normal repair and parts replacement cannot keep the equipment in satisfactory operating condition, TBS will submit a cost estimate to Customer and TBS will not
commence work until Customer has approved cost
(h) Performing key operator functions as described in the operator manual;
() Moving equipment, repair of damage or Increase In service time caused by the use of the equipment for other than the ordinary use for which designed;
(j) Repair of damage caused by electrical surges or lightning strikes, if equipment is connected to a TBS supplied power filter /surge protector repairs will be included;
(k) Repair of damage or increase in service time caused by failure to congnualy provide a suitable insW lation environment as defined by the manufacturer, with all the facilities prescribed by TBS including, but not limited to, adequate space, ele
it) Repair of equipment that has been designated as obsolete by the manufacturer and genuine OEM parts are no longer available.
(m) Repair of damage or increase of service time caused by Customer's roe of media outside the specifications as described in the operator manual.
12. INDEMNITY AND DISCLAIMER. IBS shall not be responsible for any injuries, damages, penalties, claims or losses including legal expenses incurred by Customer or any other person caused by the insfagabon, selection, ownership, posse
IN NO EVENT WILL TBS BE LIABLE FOR LOST PROFITS, CONSEQUENTIAL, EXPECTANCY OR INDIRECT DAMAGES EVEN IF TBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
EXECPT AS OTHERWISE SET FORTH HEREIN, TBS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTY
13. GENERAL. Subject to the terms of the following paragraph, TBS may modify the terms and conditions of this Contract effective on the Renewal Date by providing the Customer with prior written notice.
Any such modification will apply unless the Customer withdraws the equipment affected by such modification from this Contract Otherwise this Contract can only be modified by a written agreement duty signed by persons authorized to sign
The Customer represents that the Customer is the owner of the equipment under this Contract, or, If not the owner, Is the lessee or renter of the equipment. Customer wig execute a maintenance agreement for the equipment with a Toshiba
This Contract is not assignable, its right, duties and obligations may not be assigned or transferred by the Customer without the prior written consent of TBS. Any attempt to assign or transfer any of the rights, dates or obligations of this Cool
TBS's service provided outside the scope of this Contract will be famished at TES's applicable lime and material rates and terms then in effect
TBS is not responsible for falure to fender service due to causes beyond its coand.
This Contract will be governed by the taws of the state where the Customer executed this Contract If either party fails to comply with the toms and conditions of this Contract the non - breaching parry shag notify the breaching party in writing
•
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TOSHIBA
BUSINESS O -1.0.0
ESS SOLUTIONS
6 __ CUSTOMER NUMBER ORDER DATE
Sales Representative: Al Gurdlan 11/2/2015
!CUST OMER •' •
Bill to Number: Ship to Number:
Customer Nam V illage Of Tequesta Police Customer Name: Village Of Tequesta Police
Baling Address: 357 Tequesta Drive shipping address: 357 Tequesta Drive
Address 2i Address 2:
City: Tequesta state: FL zip: 33469 city: Tequesta state FL zip: 33469
Pho #: 5 61- 768 -0522 Ext Fax # Phone #: 561 - 768 - 0522 Ext. I Fax# :
— - -- - — _ e ntail 0
customer PO # Rick 121CCIardl_ Type: Delivery Date:
R ick R i ccia r di (Ship Term: 36
Delivery Contact: Rick Ricciardi Movement: Machine P/U
Telephone #: 561- 768 -0522
-
Delivery Hours: 8arn to 4prn
Stairs: No
E QUIPMENT • SUPPLIES
QTY- EQUIPMENT & ACCESSORIES PRODUCT NUMBER SERIAL NUMBER UNIT PRICE AMOUNT
1 E3055C $
1 MR3025 $ - -$ -- -
1 KD1031 $ $
1 GD 1 320N $
1 MJ1107 $ -$ -
1 MJ6104 $
-
Per Lease
QTY. SUPPLIES PRODUCT NUMBER SERIAL NUMBER UNIT PRICE AMOUNT
SPECIAL INSTRUCTIONS $
Installation N/C
36 month lease of $166.66 per month Freight $ N/C
/ e f Sales Tax % 0.00000%
Serial Number: Equip. ID: Tax Paid $
Sales Manager Les Fenn Office Branch: WPB Date:/ / Cash Paid
Customer Name (Please Print): customer Name (signature) Trade Allow
7
'�/�; �� L 4 (LAC( 2 -W Per Lease
0 UCC Fee
TERMS AND C ONDITIO NS
You hereby acknowledge and agree that your electronic signature above shall constitute an enforceable and original signature for all purposes.
By slgning this agreement, the customer acknowledges that he/she has read and understood the terms and conditions of this agreement.
• 1. Limited Warranty. The seller warrants that the goods to be delivered will be of the kind and quality described in this Agreement and will be free of defects in workmanship or material. Should any failure to conform
to this warranty appear within ninety (90) days after the initial date of installation in the case of new goods, or thirty (30) days after the initial date of installation in the case of used or reconditioned goods, the seller at
it's option, shall correct such defects by suitable repair or replacement at its own expense, upon notification thereof and substantiation that the goods have been stored, installed, maintained, and operated in
accordance with the Seller's recommendations or standard industry practice. The foregoing warranty does not apply to consumable parts such as, but not limited to, drums, cleaning brushes, fillers, developer, toner,
heat and oilier tubes, pressure pads, lamps, lenses and fuses.
This warranty Is exclusive and Is In lieu of any warranty of merchantability, fitness for a particular purpose or other warranty of quality, whether express or Implied, except of title and against patent
Infringement. Correction of non - conformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of the Seller to the Customer with respect to, or arising out of the goods,
whether based on contract, negligence, strict tort liability of otherwise.
GENERAL TERMS AND CONDITIONS OF SALE
1. ACCEPTANCE. ALL PURCHASE ORDERS FOR ANY MATERIALS, PRODUCTS AND /OR ANY OTHER ITEMS (HEREIN THE GOODS) AND ACCEPTANCES OF GOODS BY ANY CUSTOMER (HEREIN BUYER) ARE
EXPRESSLY SUBJECT TO AND GOVERNED BY THE TERMS AND CONDITIONS PRINTED HEREIN. AND NO TERMS ADDITIONAL TO OR DIFFERENT FROM THOSE STATED HEREIN ARE BINDING ON TOSHIBA
BUSINESS SOLUTIONS (HEREIN THE SELLER) UNLESS AGREED TO IN WRITING BY THE SELLER. BUYER CONSENTS TO THESE TERMS AND CONDITIONS.
2. Title and Risk of Loss. Title and risk of loss or damage to the Goods shall pass to the Buyer upon tender of delivery F.O.B. Sellers warehousing facility. Seller will have and retain a first and superior security interest in the
Goods until full payment has been made. Goods purchased under extended term or contract will have a UCC financing statement filed with the State of Cailtomia. Buyer will be charged and shall pay the Oren applicable UCC
filing fee. Buyer agrees upon request to do all things and acts necessary to perfect and maintain said security interest and shall protect the Sellers interest by adequately insuring the Goods against loss or damage from any
cause. Buyer appoints Seller as Buyer m
Buyer's atioey-m -fact to execute any and all documents on Buyers behalf and in Buyers name to perfect and maintain Setters security interest in the Goods.
Price, Taxes and Interest Charges. Prices quoted are F.O.B., Setters warehousing facility, and the amount of any local, state or federal taxes on the Goods shall be added to the price and paid by Buyer. Buyer represents
hat Buyer is solvent and can and will pay for the Goods in accordance with the terms hereof. All shipments shall be subject to the approval of Sellers credit department. Seller reserves the right to require payment in cash or
obtain security for payment prior to making any delivery and if Buyer fails to comply with such requirement, Seller may terminate any contract with Buyer affected thereby. An interest charge of the lesser of one percent monthly
(1216 annual rate) or the maximum allowed by state law, will be paid by Buyer on all past due amounts.
4. TernmuCash Sales. Sellers payment terms are Cash unless other terms are agreed upon by Seller and Buyer. Sellers Authorized signers are the only personnel of Seiler authorized to approve special terms or conditions.
5. Extended Terms /Contracts. Extended terns/contract sales are as agreed upon by Seller and Buyer. Extended payment terms and contracts on individual sales vary and are determined by Buyer and Setter. It is the Buyers
responsibility to fully review prior to accepting specific terms and conditions on individual extended payment terms and contract sales. Sellers Authorized signers are the only personnel authorized to approve any special terms or
conditions on extended payment terms or contract sales.
6. Delivery. Any delivery schedules which may be specified for shipment of the Goods are only estimates and the Seller shall not incur any liability, either directly or indirectly, nor shall any order be canceled because or as a
result of delays in meeting such dates or schedules. In no event shall Seller be liable for any claims for labor or for any consequential damages or any other damages resulting from failure or delay in delivery. No delivery dates
are guaranteed.
7. Force Majeure. Seller shall not be liable for any act, omission, result or consequence, of any delay in delivery or failure of performance which is (i) due to any act of God, any government order, any order bearing priority rating
or placed under any allocation program (mandatary or voluntary) established pursuant to law; local labor shortage. fire. flood. casualty governmental regulation or requirement, terrorism or terrorist threat, shortage or failure of raw
material, supply, fuel. power or transportation, breakdown of equipment; or any cause beyond Sellers reasonable control whether of similar or dissimilar nature to those above enumerated, or (ii) due to any strike, labor dispute, or
difference with workers, regardless of whether or not Seller is capable of settling any such labor problem.
8. Laws, Ordinance and Regulations. Seller shall utilize reasonable efforts to cause the Goods to comply with its interpretation of federal safety, health and environmental regulations and insurance codes of a national scope.
However, Seller shall not be responsible for compliance with local interpretations of such federal regulations or insurance codes nor with any local laws, ordinances, codes and/or regulations which may at any time be in effect at
any location where the Goods are to be utilized, unless such responsibility shall be expressly assumed by the Seller in writing.
9. Changes in Design- Seller reserves One right to discontinue the supply or sate of any model, style or type of the Goods, or of any parts or accessories thereto, and the right to change or alter the design or composition of the
Goods, parts or accessories without notice to Buyer, and the Seller shall incur no liability thereby nor any obligation to furnish or install any replacement Goods, parts or accessories which were purchased or sold prior to the
making of any alterations or changes in design.
10. Off Quality and Goods Made to Buyer's Specifications. Seller makes no warranty whatsoever, express or implied except as to title, with respect to Goods manufactured, compounded and /or designed to Buyer's own
specifications, or if Buyer has requested off - quality Goods or seconds_ Buyer shall at its own expense defend and save Seger harmless from and against any claim, suit, expense or otherwise, which shall be asserted or brought
against Seller by reason of its manufacture, design or sale of such Goods.
11. Warranty. Except as described in paragraph 10 above, Seiler warrants that the Goods (a) are in accordance with the provisions of any product- specific written warranty published and delivered to Buyer from Seller, or (b) in
the absence of a product - specific warranty, are in accordance with the Sellers published specifications at the time of order and that Seller will repair or replace, at Sellers option, such Goods as fail to conform to its published
specifications, provided notice of claim under this warranty is given within a period of thirty (30) days following shipment. In all cases, Buyer shall be responsible for the cost of field labor and /or charges incurred by Buyer's return
of any Goods to the Seller for repair or replacement. No return of Goods shall be made without prior written consent of the Seller.
12. Returns. Returns for any reason (other than return provisions described in paragraph 11 above - Warranty) will be subject to an appropriate restocking fee determined by Seller, not to exceed a maximum of 20% of the
purchase price of the returned Goods. No returns of Goods shall be made without prior written consent of the Seller.
13. EXCLUSION OF OTHER WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN PARAGRAPH 11 ABOVE, BUYER ACKNOWLEDGES AND AGREES THAT SELLER IS NOT MAKING AND
SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS, INCLUDING, BUT NOT LIMITED TO, THE
VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE WHICH APPLY TO THE GOODS, THE MANNER OR QUALITY OF THE
CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY OF THE GOODS AND THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE GOODS, BUYER AGREES THAT BUYER HAS NOT
RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY STATEMENT, REPRESENTATION OR WARRANTY OF SELLER OR ANY AGENT OF SELLER EXCEPT AS EXPRESSLY SET
FORTH HEREIN. NO WARRANTIES OR REPRESENTATIONS AT ANY TIME MADE BY ANY REPRESENTATIVE OF THE SELLER SHALL BE EFFECTIVE TO VARY OR EXPAND THE ABOVE EXPRESS WARRANTY
*14. R ANY OTHER TERMS AND CONDITIONS HEREOF.
Technical Advice. Seller shall not be responsible for the results of any technical advice provided by Seller in connection with the design or installation or use of the Goods for any particular purpose. Buyer assumes sole
responsibility for the proofing of and acceptability of Goods and services of Seller prior to purchase by Buyer Contracted integration of Sellers products are limited to scope of work for connectivity of supplier provided hardware
and installation /configuration of supplier provided Solution Software on Buyers network. Seller assumes no liabilities for configuration of Desktop Operating Systems and/or Server Network Operating Systems. Further, Seller
does not warrant or ensure interoperability of supplier provided hardware and/or Solutions Software with future releases of newer versions of Operating Systems, Network Operating Systems or Application Software products -
Upon installation /configuration, Buyer shall sign acceptance and work completion form provided by Seller. Any reconfiguration and installation by Seller that occurs on Buyers network of hardware /software due to Buyer network
changes shall be billed by Seller to Buyer at the then prevailing integration service rate.
15. LIABILITY LIMITATION. SELLER'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE OBLIGATION TO REPAIR OF REPLACE THE GOODS PURSUANT TO PARAGRAPH 14 ABOVE. SELLER'S TOTAL
CUMULATIVE LIABILITY IN ANY WAY ARISING FROM OR PERTAINING TO ANY GOODS SOLD OR REQUIRED TO BE SOLD UNDER ANY CONTRACT SHALL NOT IN ANY CASE EXCEED THE PURCHASE PRICE
PAID BY THE BUYER FOR SUCH GOODS. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR COMMERCIAL LOSS, CLAIMS FOR LABOR OR ANY CONSEQUENTIAL DAMAGES OF ANY OTHER TYPE,
REGARDLESS IF WHETHER BUYER'S CLAIM BE BASED IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE. IT IS EXPRESSLY AGREED THAT BUYER'S REMEDIES EXPRESSED IN THIS
PARAGRAPH ARE BUYER'S EXCLUSIVE REMEDIES.
16. Cancellation or Changes of Order. No order may be withdrawn or cancelled by the Buyer, nor may delivery or shipment of Goods be deferred when ready, unless Seller shall first be paid a cancellation or deferral charge of
a reasonable amount acceptable to the Seller In the event, that Buyer shall request changes in its order after receipt thereof by Seller, Buyer shall be responsible for and pay all charges reasonably assessed by Seller with
respect to such changes.
17. Set -Offs. Neither Buyer nor any affiliated company or assignee shall have the right to claim compensation or to setoff against any amounts which become payable to the Seller under any contract or otherwise.
18. No Protection from Claim of Infringement. Seller makes no representation of warranty that the delivery or subsequent use of the Goods shall be free of the claim of any third party by way of infringement.
19. APPLICABLE LAW. THE TERMS AND CONDITIONS APPLICABLE TO ANY SALE OF GOODS OR SERVICES BY THE SELLER SHALL BE DETERMINED AND CONSTRUED IN ACCORDANCE WITH, AND SHALL
BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. THE BUYER AND SELLER AGREE TO SUBMIT TO THE JURISDICTION OF THE STATE OR FEDERAL COURT OF ORANGE COUNTY WITHIN
CALIFORNIA IN CONNECTION WITH ANY DISPUTE OR CONTROVERSY BETWEEN SELLER AND BUYER.
20. Service Delivery. Setters service delivery terms are as agreed upon by Seller and Buyer and contracted. Hardware Repair /Service Support(Integration Services contract's terms and conditions vary on individual sales and are
determined by Buyer and Seller. It is the Buyers responsibility to fully review and signoff on specific terms and conditions on individual Hardware Repair /Service Support/integration Services contract's purchases. Sellers
Authorized signers are the only personnel authorized to approve any special terms or conditions on extended terms or contract sales.
21. Buyer Declination of Service Contract. If Buyer declines service coverage, Seller will file appropriate forms noting declination of service. If service is provided by Seller on Goods not covered by a service contract with Seller,
Buyer shall pay the then prevailing rates for labor and parts supplied for repair, which will be billed (time and materials) Net Payable
22. Freight. Buyer assumes responsibility for freight charges on orders placed with Seller.
23. Severabil'Ry. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect
any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result
in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable
24. Amendment and Waiver. No amendment of these terms or conditions and no waiver by Seller will be effective unless it is in writing and signed by Seller. No waiver by Seller will operate as a waiver on a future occasion.
25. Parties Bound - All rights of Seller will inure to the benefit of Setters successors and assigns. All rights and obligations of Buyer will inure to the benefit and be binding upon Buyer and Buyer's successors.
26. Further Assurances. The parties agree to promptly execute and deliver all further instruments and documents and take all further action necessary to effect these terms and conditions.
0
PROPOSAL PRF--PLx FOR:
VILI-AGE OF TEQUESTA, POLICE
•J (155+ r V
+�l11
PROLULSED EQUIPMENT, 36 Mouth Lease
Toshiba E-3055c Digital Copier Sy stern. - $123.91 -
R(wersing Automatic Dacurnent Feeder $$7.33
Automatic Duplexing Tnchtded
Large Capacity Drawer 25:00 s_?eets W50
• Stapling Finisher
Auto Hole Punch '37.67
Fax $3,22 (Special Disco
E- filing digital storage Standard
Print and scan. Controller 1 ;Standard
(i_n_cl« des histaliationl)
TOTAL, L, 5166.66
FULL SERVICE MA & SUPPLIES - FO ' r
Fell cWor Copies .3ililt.aj ; ?,05283 ptr col)))•
ALS INCLUDED AT N 0 C RGE:
• Delivery, Installation. and Training
• Free ;Start Up Supplies
• Free Loaner
Contract State Of Florida 11-600-000-414
THE VILLAGE OF TEQUESTA
PIGGYBACKING CHECKLIST
• instructions: This form is to be completed for any purchase of goods, or contract for services where the Village
will utilize a contract competitively bid by another governmental agency (i.e. "Piggyback ").
Department: 0 1 1 Date: , c
t4L
Item /Service
Vendor /Service Provider
State Contract # _ Q Other Governmental Agency
*Chapter 287, F.S. yL
If box beside "Other Governmental Agency" is checked above, complete the remainder of this form.
1 Governmental Agency
YES NO
2 Is the contract current? Effective date: Expiration Date:
7 3Was item /service bid out in compliance with the Village's Purchasing Policies & Procedures?
Is the price that the Village will receive by piggybacking equal to the price obtained by the agency �--- -+
4 named above?
5 Does the contract contain an assignability clause?
If the answer to question # 5 is no, has the governmental agency given the Village permission to
6 piggyback on the the contract?
7 H the vendor /ser vice given the Village permission to piggyback on the contract?
•
Departmen Head Signature _ Date
•
ADDENDUM
Public Records: In accordance with Sec. 119.0701, Florida Statutes, the Contractor
must keep and maintain this Agreement and any other records associated therewith and that are
associated with the performance of the work described in the Scope of Services. Upon request,
the Contractor must provide the public with access to such records in accordance with access and
cost requirements of Chapter 119, Florida Statutes. Further, the Contractor shall ensure that any
exempt or confidential records associated with this Agreement or associated with the
performance of the work described in the Scope of Services are not disclosed except as
authorized by law. Finally, the Contractor shall retain the records described in this paragraph
throughout the performance of the work described in the Scope of Services, and at the conclusion
of said work, transfer to the Village, at no cost to the Village, all such records in the possession
of the Contractor and destroy any duplicates thereof. Records that are stored electronically must
be transferred to the Village in a format that is compatible with the Village's information
technology systems.
•
Ch. 2013 -154 LAWS OF FLOREDA Ch. 2013 -154
lieu of written agreements for classes of contractual services; revising
terminology; creating s. 287.136, F.S.; requiring the Chief Financial Officer
to perform audits of executed contract documents and to discuss such
audits with the agency officials; requiring the agency head to respond to
the audit; amending s. 287.076, F.S.; providing that Project Management
Professionals training for personnel involved in managing outsourcings
and negotiations is subject to annual appropriations; amending ss.
16.0155, 283.33, 394.457, 402.7305, 409.9132, 427.0135, 445.024,
627.311, 627.351, 765.5155, and 893.055, F.S.; conforming cross- refer-
ences; providing effective dates.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 119.0701, Florida Statutes, is created to read:
119.0701 Contracts; public records.—
(1) For purposes of this section, the term:
(a) "Contractor" means an individual, partnership, corporation, or
business entity that enters into a contract for services with a public agency
and is acting on behalf of the public agency as provided under s 119.011(2).
"Public a enc ' means a state county, district authority, or muni-
cipal officer, or department, division, board bureau, commission or other
separate unit of government created or established by law.
(2) In addition to other contract requirements provided by law, each
public agency contract for services must include a provision that requires the
contractor to comply with public records laws specifically to:
(a) KeeD and maintain public records that ordinarily and necessarily
would be rggpked by the public agency in order to perform the service
(b) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by
law.
c Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining_ public records and transfer, at no
cost, to the public agency all public records in possession of the contractor
upon termination of the contract and destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure
requirements All records stored electronically must be provided to the public
agency in a format that is compatible with the information technology
systems of the public agency.
• 2
CODING: Words stems are deletions; words underlined are additions.
Ch. 2013 -154 LAWS OF FLORIDA Ch. 2013 -154
(3) If a contractor does not comply with a public records request, the
public agency shall enforce the contract provisions in accordance with the
contract.
Section 2. Section 215.971, Florida Statutes, is amended to read:
215.971 Agreements funded with federal or and state assistance.—
Fer An agency agreement that provides state financial assistance to a
recipient or subrecipient, as those terms are defined in s. 215.97, or that
provides federal financial assistance to a subrecipient, as defined by
applicable United States Office of Management and Budget circulars,
must include all of the following
Cam A provision specifying a scope of work that clearly establishes the
tasks that the recipient or subrecipient is required to perform,;--ate
1)(2) A provision dividing the agreement into quantifiable units of
deliverables that must be received and accepted in writing by the agency
before payment. Each deliverable must be directly related to the scope of
work and must specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
(c) A provision specifying the financial consequences that apply if the
recipient or subrecipient fails to perform the minimum level of service
required by the agreement The provision can be excluded from the
agreement only if financial consequences are prohibited by the federal
agency awarding the grant Funds refunded to a state agency from a
recipient or subrecipient for failure to perform as required under the
agreement may be expended only in direct support of the program from
which the agreement originated
(d) A provision specifying that a recipient or subrecipient of federal or
state financial assistance may expend funds only for allowable costs
resulting from obligations incurred during the specified agreement period
(e) A provision specifying that any balance of unobligated funds which
has been advanced or paid must be refunded to the state agent.
(f_) A provision specifying that any funds paid in excess of the amount to
which the recipient or subrecipient is entitled under the terms and conditions
of the agreement must be refunded to the state agency.
(9) Any additional information required pursuant to s 215.97.
(2) For each agreement funded with federal or state financial assistance,
the state agency shall designate an employee to function as a grant manager
who shall be responsible for enforcing performance of the agreement's terms
and conditions and who shall serve as a liaison with the recipient or
subrecipient.
3
CODING: Words stken are deletions; words underlined are additions.