HomeMy WebLinkAboutIT16-444 - Change Order - #2 - Cannon Solutions America, Inc. - Multi-function Device Purchase Order Addendum - 03/05/2018 `NT Records Management Document
CONTRACT COVER SHEET
j This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
❑ Blue/Motion Sheet Attached
❑ Pink Sheet Attached
Vendor Name: Canon Solutions America
Vendor Number (JDE): 1416767
Contract Number (City Clerk): 111 U- IWy - 003
ateor
9 Y w Contract Agreement
_........-__.,...�...........
Sub-Category (if applicable). Change Order .
Project Name: Multi-Function Device Chanqe Order 2 134942-003
Contract Execution Date: 03/05/18 Termination Date: 12/14/19
Contract Manager: James Endicott Department: IT
Contract Amount: $11,635.25
Approval Authority: ® Director ❑ Mayor ❑ City Council
Other Details: Ties with IT16-444-002
12/15/16 Original monthly lease amount = $10,508.28
07 /17 - �hangemQr'der 0(7Il 8ease amount - $11,094,Q3
03/t15/18 #range.Carder 0t12 lease rrr nt-_.$11 63S:2SW---------------- ------------
* T Agenda Item:. Consent Calendar - 7X_
TO: City Council
DATE: December 13, 2016
SUBJECT: Multi-Function Device Contract for Citywide Copier Fleet Replacement -
Authorize
MOTION: Authorize the Mayor to sign the Multi-Function Device (copier)
purchase order contract addendum, subject to final terms and conditions
acceptable to the IT Director and City Attorney.
SUMMARY: The city of Kent currently has 58 multi-function devices (copiers or
MFDs) at end-of-life and maintains these MFDs on a month-to-month maintenance
and support contract with the incumbent vendor. The IT department issued a Request
for Proposal and received seven vendor submissions.
The city selected Canon Solutions America, Inc. as its preferred vendor. The city has
negotiated beneficial terms and pricing by taking advantage of a "national contract"
originally issued by DuPage County, Illinois. The length of this MFD lease with Canon
is 36 months. Signing a 36-month lease to replace the City's entire MFD fleet along
with the implementation of a new secure print standard, will allow for alignment of a
proper technology solution and long-term cost savings.
EXHIBITS: 1) Multi-Function Device (Copier) Purchase Order Addendum
a. National Intergovernmental Purchasing Alliance Contract
2) Itemized Cost Schedule
RECOMMENDED BY: Operations Committee
YEA: Boyce, Thomas, Ralph NAY:
BUDGET IMPACTS: Within existing budget; no additional budget impact
Itemized Cost Schedule-36 month lease term
— ..._ _..,....
Item
Multi-Function Device Lease $217,445.76
n'F cure print software) $128,031,84
Subtotal 5345,447.60
Sales Tax $32,850.48
Grand Total $378,298.08
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111
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DATE:
Canon Remit: "U :. Copier Location:
Canon Financial Serlvices,Inc ''City of Kent See Attached Equipment Schedule AS
14904 Collections Center Drive 220 4th Ave 5
Chicago,IL 60693 Kent WA 98032
Attn:
Original Monthly Lease Rate(Including applicable alternates and WSST) $10,508.28
Net Change by Previous Change Orders(incl.applicable WSST) 585.75
Current Monthly Lease Rate(incl.Previous Change Orders) $11,094.03
Current Change Order to Monthly Lease Rate $ 492,02
Applicable WSST Tax on this Change Order $ 49,20
Revised Monthly Lease Rate $11,635.25
Original Time for Completion(insert date) 2/1/2020
Revised Time for Completion under prior Change Orders(insert date) None +dvedilel
Days Required(t)for this Change Order None � gt t
Revised Time for Completion(insert date) 2/1/2020
Notwithstanding any provision of this Purchase Order to the contrary,(I)L rmcaf theAAggindum ett;n„h;pclyh,grrWq&p
the use of this Purchase Order shall be for Customer's administrative convenience and any terms and
conditions on this Purchase Order,except those et forth in 0i which conflict with,vary from or supplement the terms contained in
Contract CP-002-13 dated 30-1-2023 between Canon Solutions America,Inc.and DuPage County,shall be deemed null and void.
This Change Order a003 to City of Kent PO#13492 OP documents equipment additions pursuant to the attached schedule Al.
'Met 30 Payment tef=123 month PMV copier operating lease
Property Taxes to be invoiced annually by CFS
Service&Supplies
All BW Images $0.0059 per page
All color Imo es $.039 per page
Period of Performance:23 months from Installation
Maintenance Agoeementr
Includes all parts,labor,service&supplies(except paper&staples)
Meter Reading Option-I W Remote
Base&Excess Billing Cycle-Mon
thly
nthly
Coverage Plan-per unit
Price Plan.fixed
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MULTI-FUNCTION DEVICE (COPIER) PURCHASE ORDER ADDENDUM
This Purchase Order Addendum ("Addendum") is made between the City of
Kent, a Washington municipal corporation (City), and Canon Solutions America, Inc.
a New York corporation, located and doing businessIn Melville, New York (Canon),
and amends the City's Purchase Order I'll ilqjip dated -
2016.
Recitals
A. On or about October 1, 2013, Canon entered Into procurement
agreement CP-002-13 (Master Agreement) to provide its multi-function
copy/print/facsimlie devices to the County of Du Page, Illinois.
B. Canon and that County mutually negotiated that the Master Agreement
could be made available to public agencies nationally, specifically Including state and
local government agencies through the National IPA ("NIPA") Cooperative Purchasing
Program ("Program".).
C, Pursuant to the Master Agreement's terms, a local government agency,
like the City, can, by separate agreement, adapt and be bound by all the benefits
and limitations of the Dui contract by separate agreement, such as this
Addendum
NOW, THEREFORE, the parties agree as follows:
Agreement
1. 9511te3tg.0.,_o[_d'+(d.S.1pL�tg.Y_eenelxt Except to the extent amended by this
Addendum, Clty and Canon adapt the Master Agreement, which is incorporated by
this reference. The City, as a local public agency, will receive all the benefits of the
Master Agreement, and Canon will be bound to the City under this Addendum to the
same extent Canon is bound to DuPage County under the Master Agreement,
1
Purchase Order Addendum - Page 1 of 4
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1
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z. Montil_P.fssle_ r�Tera� auiszt. st Tie Ts; Except to
the extent the Master Agreement is amended by this Addendum, the use of any City
purchase order to make monthly payments will be for City's administrative
convenience and any terms and conditions on a City purchase order that conflict with, if
vary From, or supplement the terms contained In the Master Agreement will be
deemed null and void.
3. Mai,er�6.gS e'+,w Si.DLSr_QJ Qls._Except as.._A.inentlerl...,Dy Rh15_..@c�1�14"ra�l�fA:7k�
Except as amended by this Addendum, this contractual relationship between the City
u
and Canon will be governed in all respects by the terms and conditions of the Master I
Agreement, and any terms and conditions that conflict with, vary from, or
supplement the Master Agreement's terms will be deemed null and void.
4. _C yr,Sarne.4s,p. p„ttge_Cpu„o_Lt. Whenever any direct or indirect reference
is made to "DuPage County" or"Customer" in the Master Agreement, that reference
will apply equally to the City as if the City had originally negotiated the Master
Agreement with Canon, excepting that any fees paid to DuPage County or NIPA for
use of the Program shall not be paid to the City.
Ix
5. in
d.(:fftnifc;atlon To the fullest extent permitted by law, Canon, Its
successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless
the City, its agents, representatives, officers, directors, officials and employees from
and against all third party allegations, demands, proceedings, suits, actions, claims,
including claims of US patent or copyright infringement by Canon brand equipment,
damages, losses, expenses, Including but not limited to, attorney fees, court costs,
and the cost of appellate proceedings, and all claim adjusting and handling expense,
related to, arising from or out of or resulting from any negligent actions, acts, errors,
mistakes or omissions caused In whole or part by Canon relating to work, services
and/or products provided in the performance of this agreement, including but not
limited to, any Subcontractor or anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable and any Injury or damages
claimed by any of Canon's and Subcontractor's employees, In all Instances requiring
Purchase Order Addendum - Page 2 of 4
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Indemnlflcatlon Canon shall receive prompt notification, receive reasonable IV
assistance from the City at Canon's expense for the defense of any such actions.
6. ftesoluhon of VJI r `ca :f _ ovcrttygj This Addendum will be
governed by and construed in accordance with the laws of the State of Washington.
If the parties are unable to settle any dispute, difference or claim arising from the
parties' performance of this Addendum, the exclusive means of resolving that
dispute, difference or claim, will only be by filing suit exclusively under the venue,
rules and jurisdiction of the King County Superior Court, King County, Washington,
unless the parties agree In writing to an alternative dispute resolution process. In
any claim or lawsuit for damages arising from the parties' performance of this
Addendum, each party will pay all its legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit, including ali appeals, in addition to any
other recovery or award provided by law; orovlded• however, nothing In this
paragraph will be construed to limit the City's right to indemnification under Section
5 of this Addendum.
7. ArjttCtt_ND=. All communications regarding this transaction will be
sent to the parties at the addresses listed on the signature page of the Addendum,
unless notified to the contrary. Any written notice will become effective three (3)
business days after the date of mailing by registered or certified mail, or one (1)
business day after being deposited with a nationally recognized overnight courier,
and will be deemed sufficiently given If sent to the addressee at the address stated
in this Addendum or such other address as may be hereafter specified In writing.
S. �ntr;_tTa Rt„�.pf WmlIes by @,x, ar„Efin Vl, This Addendum may be
executed in any number of counterparts, each of which will constitute an original,
and all of which will together constitute this one Addendum. Upon executing this
Addendum, either party may deliver the signature page to the other by fax or email
and that signature will have the same force and effect as if the Addendum bearing
the original signature was received in person.
IN WITNESS, the parties below execute this Addendum, which will become
effective on the last date entered below. All acts consistent with the authority of this
Purchase Order Addendum - Page 3 of 4
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Addendum and prior to its effective date are ratified and confirmed, and the terms of
the Addendum will be deemed to have applied.
r,
CANON SOLUTIONS OERICA, INC. CITY OF-"NT
By; By r� a y e
Print Name: 5ooke
...-,..
elnoee finny k1tS` ....Mayor
Date _. .4_? y. .4 _..m__,.._.. Date ..._ : z a 7_.'✓ -- ...
Notices To Be Sent TOI
Canon Solutions America, Inc. ATa A, ,5 ilk City of Kent
Attn: Customer Care Att � (hi 'G+'W'�"�' ••��eV rr. -
Address: 300 Commerce Square Blvd, 220 401 Avenue S.
Kent, WA 98032 B
Phone: (800) 815-4000 Phone: '�.h' • i�`
FAX: (800) 220-4002 FAX:
With a copy of any notice of default
or request for indemnification to:
Canon Solutions America, Inc.
Once Canon Park
Melville, NY 11747
Attn: legal Division
P:\OV lViles\Open Fltes�2005-MFD Replacement ProjectTurcnase order addendum REDLINE (11,22 16)1.doca
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