3. Participating State Modifications or Additions to Master Price Agreement:

Transcription

1 PARTICIPATING ADDE DUM WSCAINASPO PC Contracts MASTER PRICE AGREEMENT NUMBER B27179 State of New Mexico [hereinafter "Participating State"] 1. Scope AF Page 1 of 4 This Addendum covers the WSCAINASPO PC Contracts (Computer Equipment, Peripherals Related Services) lead by the State of Minnesota for use by State of New Mexico Government Entities Local Public Bodies. This entity has been authorized by the State Chief Procurement Official of the state within which it is located to use the WSCA/NASPO PC Contracts Participation Use of specific WSCAINASPO cooperative contract by state agencies, political subdivisions other entities (including cooperatives) authorized by an individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation eligibility for participation are solely within the authority of the State Chief Procurement Official. 3. Participating State Modifications or Additions to Master Price Agreement: The successful vendor will remit to the State of New Mexico Contract Manager an Administrative Fee in the amount of one percent (1%) of all total sales for New Mexico State Local Public Bodies from this contract. Checks should be made payable to the State of New Mexico. The Administrative Fee is based upon: The sales of all equipment software (including leases); Service supplies billings; Equipment short Term Rental revenue stream : Cancelable rental revenue stream.

2 PARTICIPATING ADDENDUM WSCAINASPO PC Contracts MASTER PRICE AGREEME State of New Mexico [hereinafter "Participating OO-OOO-OO-00014AF T NUMBER B27179 State"] Page 2 of 4 4. Continuation of Participation from WSCAINASPO PC Contracts : To the extent permitted by the laws rules of the state in which an individual participating entity is located, valid participating addenda for the WSCAINASPO PC Contracts are hereby extended to include participation in the WSCA/NASPO PC Contracts under the same terms conditions in the current participating addendum. If re-execution of a participating addendum or amendment to an existing participating addendum is required by a participating entity, the authorization to participate in the WSCA/NASPO PC Contracts is sufficient to permit participation in the WSCA/NASPO PC Contracts , unless specifically denied by the appropriate chief state procurements official. 5. Lease Agreements No Leasing Is Authorized Under this Addendum. 6. Primary Contacts The primary government contact individuals for this Addendum are as follows (or their named successors): Lead State Name: Address: Telephone: Fax: Contractor Name: Address: Telephone: Fax; Cell: Bernadette Kopischke 50 Sherburne Ave., 112 Admin Bldg, St Paul, MN (651) (651) bernie.kopischke@state.mn.us Mary A. Reuss 6455 Flying Cloud Drive, Eden Prairie, MN (952) (952) (612)

3 PARTICIPATING ADDENDUM WSCAJNASPO PC Contracts MASTER PRICE AGREEMENT UMBER B27179 State of ew Mexico [hereinafter "Participating State"] AF mary Page 3 of 4 Participating State Name: Gerrie Becker Address: PO Box St. Francis Dr. RM 2016 Santa Fe, NM Telephone: Fax: Gerrie.becker@state.nm.us 7. Servicing Subcontractors: Xiotech is not proposing any Subcontractors at this time, but reserve the right to add Subcontractors who are part of Xiotech's Channel (Reseller) Program at a later date, upon execution of an addendum to the Participating Addendum. All orders are to be issued directly to:, 6455 Flying Cloud Drive, Eden Prairie, MN And all payments are to be issued to:, Dept. Ch , Palatine, IL Compliance with reporting requirements of the "American Recovery Reinvestment Act of 2009" ("ARRA"): If or when contractor is notified by ordering entity that a specific purchase or purchases are being made with ARRA funds, contractor agrees to comply with the data element reporting requirements as currently defined in Federal Register Vol 74 #61, Pages (or subsequent changes or modifications to these requirements as published by the Federal OMB). Ordering entity is responsible for informing contractor as soon as the ordering entity is aware that ARRA funds are being used for a purchase or purchases. Contractor will provide the required report to the ordering entity with the invoice presented to the ordering entity for payment. The contractor, as it relates to purchases under this

4 PARTICIPATING ADDENDUM \\'SCA/NASPO PC Contracts faster PRICE AGREEMENT UMBER B27179 State of ew Mexico [hereinafter "Participating State"] AF Page 4 of 4 contract, is not a subcontractor or subgrantee, but simply a provider of goods related services. All purchase orders issued by purchasing entities with the jurisdiction of this Addendum must include the Participating State contract number: AF; the Master Price Agreement Number: This Addendum the Price Agreement together with its exhibits, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms conditions inconsistent with, contrary or in addition to the terms conditions of this Addendum the Price Agreement, together with its exhibits, shall not be added to or incorporated into this Addendum or the Price Agreement its exhibits, by any subsequent purchase order or otherwise, any such attempts to add or incorporate such terms conditions are hereby rejected. The terms conditions of this Addendum the Price Agreement its exhibits shall prevail govern in the case of any such inconsistent or additional terms. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by Contractor below. 4~~ Signature &s 7Jx,O}~ Title Date Date

5 STATE OF NEW MEXICO GENERAL SERVICES DEPARTMENT GSDIPD 003-C (Rev ) Awarded Vendor (00000]5033) Xiotech Corp. Dept. Ch Palatine, IL Telephone No. (952) Price Agreement Award Price Agreement Number: AF Payment Terms: See Contract F.O.B.: See Contract Ship To: All State of New Mexico Agencies, Commissions, Institutions, Political sub-divisions local public bodies allowed by law. Delivery: See Contract Invoice: As Requested Procurement Specialist: Gerrie BeckerV Telephone No.: (505) Commodity: Computer Equipment, Peripherals Related Services Term: September 1, 2009 thru August 31, 2012 This Contract is made subject to the "terms conditions" shown on the reverse side of this page, as indicated in this Contract. Accep t1f. d or the/state of New Mexico ~j~~~&~/~~/~~7_~~~~~c~'v _ New Mexico State Purchasing Agent Date: 09/01/09 Purchasing Division, 1100 St. Francis Drive, PO Box 6850, Santa Fe, NM (505) A~. ", "., ~" I 'I " ~ j

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7 PARTICIPATING ADDE DUM WSCAINASPO PC Contracts MASTER PRICE AGREEMENT NUMBER B27179 State of New Mexico [hereinafter "Participating State"] 1. Scope AF Page 1 of 4 This Addendum covers the WSCAINASPO PC Contracts (Computer Equipment, Peripherals Related Services) lead by the State of Minnesota for use by State of New Mexico Government Entities Local Public Bodies. This entity has been authorized by the State Chief Procurement Official of the state within which it is located to use the WSCA/NASPO PC Contracts Participation Use of specific WSCAINASPO cooperative contract by state agencies, political subdivisions other entities (including cooperatives) authorized by an individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation eligibility for participation are solely within the authority of the State Chief Procurement Official. 3. Participating State Modifications or Additions to Master Price Agreement: The successful vendor will remit to the State of New Mexico Contract Manager an Administrative Fee in the amount of one percent (1%) of all total sales for New Mexico State Local Public Bodies from this contract. Checks should be made payable to the State of New Mexico. The Administrative Fee is based upon: The sales of all equipment software (including leases); Service supplies billings; Equipment short Term Rental revenue stream : Cancelable rental revenue stream.

8 PARTICIPATING ADDENDUM WSCAINASPO PC Contracts MASTER PRICE AGREEME State of New Mexico [hereinafter "Participating OO-OOO-OO-00014AF T NUMBER B27179 State"] Page 2 of 4 4. Continuation of Participation from WSCAINASPO PC Contracts : To the extent permitted by the laws rules of the state in which an individual participating entity is located, valid participating addenda for the WSCAINASPO PC Contracts are hereby extended to include participation in the WSCA/NASPO PC Contracts under the same terms conditions in the current participating addendum. If re-execution of a participating addendum or amendment to an existing participating addendum is required by a participating entity, the authorization to participate in the WSCA/NASPO PC Contracts is sufficient to permit participation in the WSCA/NASPO PC Contracts , unless specifically denied by the appropriate chief state procurements official. 5. Lease Agreements No Leasing Is Authorized Under this Addendum. 6. Primary Contacts The primary government contact individuals for this Addendum are as follows (or their named successors): Lead State Name: Address: Telephone: Fax: Contractor Name: Address: Telephone: Fax; Cell: Bernadette Kopischke 50 Sherburne Ave., 112 Admin Bldg, St Paul, MN (651) (651) bernie.kopischke@state.mn.us Mary A. Reuss 6455 Flying Cloud Drive, Eden Prairie, MN (952) (952) (612)

9 PARTICIPATING ADDENDUM WSCAJNASPO PC Contracts MASTER PRICE AGREEMENT UMBER B27179 State of ew Mexico [hereinafter "Participating State"] AF mary Page 3 of 4 Participating State Name: Gerrie Becker Address: PO Box St. Francis Dr. RM 2016 Santa Fe, NM Telephone: Fax: Gerrie.becker@state.nm.us 7. Servicing Subcontractors: Xiotech is not proposing any Subcontractors at this time, but reserve the right to add Subcontractors who are part of Xiotech's Channel (Reseller) Program at a later date, upon execution of an addendum to the Participating Addendum. All orders are to be issued directly to:, 6455 Flying Cloud Drive, Eden Prairie, MN And all payments are to be issued to:, Dept. Ch , Palatine, IL Compliance with reporting requirements of the "American Recovery Reinvestment Act of 2009" ("ARRA"): If or when contractor is notified by ordering entity that a specific purchase or purchases are being made with ARRA funds, contractor agrees to comply with the data element reporting requirements as currently defined in Federal Register Vol 74 #61, Pages (or subsequent changes or modifications to these requirements as published by the Federal OMB). Ordering entity is responsible for informing contractor as soon as the ordering entity is aware that ARRA funds are being used for a purchase or purchases. Contractor will provide the required report to the ordering entity with the invoice presented to the ordering entity for payment. The contractor, as it relates to purchases under this

10 PARTICIPATING ADDENDUM \\'SCA/NASPO PC Contracts faster PRICE AGREEMENT UMBER B27179 State of ew Mexico [hereinafter "Participating State"] AF Page 4 of 4 contract, is not a subcontractor or subgrantee, but simply a provider of goods related services. All purchase orders issued by purchasing entities with the jurisdiction of this Addendum must include the Participating State contract number: AF; the Master Price Agreement Number: This Addendum the Price Agreement together with its exhibits, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms conditions inconsistent with, contrary or in addition to the terms conditions of this Addendum the Price Agreement, together with its exhibits, shall not be added to or incorporated into this Addendum or the Price Agreement its exhibits, by any subsequent purchase order or otherwise, any such attempts to add or incorporate such terms conditions are hereby rejected. The terms conditions of this Addendum the Price Agreement its exhibits shall prevail govern in the case of any such inconsistent or additional terms. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by Contractor below. 4~~ Signature &s 7Jx,O}~ Title Date Date

11 STATE OF NEW MEXICO GENERAL SERVICES DEPARTMENT GSDIPD 003-C (Rev ) Awarded Vendor (00000]5033) Xiotech Corp. Dept. Ch Palatine, IL Telephone No. (952) Price Agreement Award Price Agreement Number: AF Payment Terms: See Contract F.O.B.: See Contract Ship To: All State of New Mexico Agencies, Commissions, Institutions, Political sub-divisions local public bodies allowed by law. Delivery: See Contract Invoice: As Requested Procurement Specialist: Gerrie BeckerV Telephone No.: (505) Commodity: Computer Equipment, Peripherals Related Services Term: September 1, 2009 thru August 31, 2012 This Contract is made subject to the "terms conditions" shown on the reverse side of this page, as indicated in this Contract. Accep t1f. d or the/state of New Mexico ~j~~~&~/~~/~~7_~~~~~c~'v _ New Mexico State Purchasing Agent Date: 09/01/09 Purchasing Division, 1100 St. Francis Drive, PO Box 6850, Santa Fe, NM (505) A~. ", "., ~" I 'I " ~ j

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