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HomeMy WebLinkAboutContract 26625 CITY SECRETARY , CONTRACT NO. Z LEASE AGREEMENT THE IJOCUMEN'r CON1PAi•NY XEROX Worksheet 608588 Unit: 1 Customer Legal Name(Bill to) CITY OF FORT WORTH Check all that apply Name Overflow(if needed) WATER DEPT ❑x Tax Exempt(Certificate Attached) Street Address ❑Assoc./Coop.Name: Box#/Routing 1000 THROCKMORTON ST ❑x Negotiated Contract#: 070890606 City,State FORT WORTH,TX ❑x Attached Customer P.O.#s: Supplies: Zip Code 76102- Lease:•IYPA-01-00001053 ❑State or Local Government Customer Tax ID# Customer Name(install) CITY OF FORT WORTH Int.Rate:% Total Int.Payable:$ Name Overflow(if needed) WATER DEPT Replacement/Modification of Prior Xerox Agreement Agreement covering Xerox Equipment Serial#(or 95#): Installed at Street Address is hereby 1:1 modified ❑replaced. Effective Date: Floor/Room/Routing 1000 THROCKMORTON ST comments: City,State FORT WORTH,TX Lease Information Zip Code 76102- Lease Term: 36 months County Installed In Tarrant ❑Supplies included in Base/Print Charges Customer Requested Install Date 03/192001 ❑ Refin.of Prior Agrmt. :❑Xerox(95#): ❑3rd Party Fq. Amt Refin:$ Int Rate:% Total Int Payable:$ Lease Pavment Information Product Purchase Down Prev Fin'l Min.Lease Payment Frey. (excluding excess meter charges) (with serial number,if in place equipment) Option Payment Install Interm ❑ DP65PM 65PM PRINT MODULI: 1'Mv 1ar Monthly ❑Other I KW2 ❑ ❑ wQuaridrly ❑Semi-Annual ❑ ❑ ❑Annual Li Ll 1 $ 1,841.48 :MINIMUM MONTHLY LEASE PAYMENT (excl.of applic.taxes) Min.Lease Payment Mode ❑Advance Arrears Price Information ❑ Adiustment Period Period A-Mos.Affected: Period B-Mos.Affected: Monthly Base Charge $ 1,848.74 Monthly Base Charge Monthly Base Charge $ Print Charge Meter 1: Print Charge Meter L' Print Charge Meter 1: Prints 1 - 200000 $ Prints l - Prints 1 - Prints 200001 - + 0.0046 Prints Prints - Prints - Prints - Prints - Print Charge Meter 2: Print Charge Meter 2: Print Charge Meter 2: Prints l - Prints l - Prints 1 - Prints Prints Prints Mo.Min.#of Prints Mo.Min.#of Prints Mo.Min.#of Prints (based on Meter 1 Print Charges) 200000 (based on Meter l Print Charges) (based on Meter 1 Print Charges) ❑ Purchased Supplies ❑ Cash ❑ Fin'd ❑ Application Software Reorder# Qty Description Price Software Title Initial License Fee Annual Renewal Fee Cash 11 Finance El Sunnort Only Total Price= Total Initial License Fees= ❑x Trade-In Allowance Final Principal Payment# ❑K-16 Billing Additional Options(check all that apply) Manufacturer Model/Serial# Ilowance Suspension ❑Run Length Plan ❑Fixed Price Plan IBM 3935 LSR PTR 8,000.00 (check 1 as regwred) ❑Per-Foot Pricing Months affected ❑Extended Service Hours: ❑ ]tine only Description: /$ mo. Total Allowance= 8,000.00 ❑ Judy only Total Allowance Applied to: []Trade Equip.Balance: $ ❑ August only form#,.Si869 I •tel form# ❑ Jtme-Jwy ®Price of Replacnutt.Equip.: $ 8.000.00 ❑ July-August Agreement Presented By: Customer: Name Tommy Castillo Phone 9 Name Mik Groomer Phone: (817)871-6140 radon jce.ptance By: Ir O Tille Dat :�^^t �D Name Y Date E-Mail `VJ Signature ! Signature ATTESTED BYSa �. L) I o DocuBroker Form#51860(08/2000) 3/19/2001 / � �'� age I o LEASE AGREEMENT (Additional Products) T[IE DOCUMENT COM I'M XEROX Worksheet: 608588 Unit: 2 Customer Legal Name(Bill to) CITY OF FORT WORTH Check all that apply Name Overflow(if needed) WATER DEPT x❑Attached Customer P.O.#s: Supplies: Date of Customer Signature on Attached Agreement Lease:TYPA-0 1-00001053 Customer Name(Install) CITY OF FORT WORTH ❑x State or Local Government Customer Name Overflow(if needed) WA"ITR DEPT Int.Rate:% Total Int.Payable:$ Installed at Street Address ❑Replacement/Modification of Prior Xerox Agreement Floor/Room/Routing 10)0 THROCKMORTON ST Agreement covering Xerox Equipment Serial#(or 95#): City,State FORTWORTH,TX is hereby ❑ modified ❑replaced. Effective Date: Comments: Zip Code 76102- Lease Information County Installed In Tarrant Lease Tcrm: 36 months Customer Requested Install Date 03/192001 ❑Supplies included in Base/Print Charges ❑ Refin.of Prior Agrml. :❑Xerox(95#): ❑3rd Party Eq. Amt Refin:$ Int Rate: % Total Int Payable:$ Lease Payment Information Product Purchase Down Prev Fin'I (with serial number,if in place equipment) Option Payment Install Interm DPCTRLIOCONTROLLER 1;MV ❑ ❑ I WH8 $ ❑ ❑ ❑ 1 ❑ $ 815.54 :MINIMUM MONTHLY LEASE PAYMENT (excl.of applic.taxes) Price Information ❑ ,adjustment Period Pernod A-Mos.Affected: Pernod B-Mos.Affected: Monthly Base Charge 820.77 Monthly Base Charge S Monthly Base Charge $ Print Charge Meter 1: Print Charge Meter 1: Print Charge Meter 1: Prints 1 - $ Prints I - Prints 1 - $ Prints - Prints Prints Prints - Prints S Prints - $ Print Charge Meter 2: Print Charge Meter 2: Print Charge Meter 2: Prints I - Prints I - Prints I - Prinls - Prints Prints - Mo.Min.#of Prints Mo.Min.#of Prints Mo.Min.#of Prints (based on Meter I Print Charges) (based on Meter I Print Charges) (based on Meter 1 Print Charges) ❑ Purchased Supplies ❑Cash ❑ Fin'd ❑ Application Software Reorder# Qty Description Price Software Title Initial License Fee Annual Renewal Fee Total Price= Total Initial License Fces= ❑ Trade-in Allowance Final Principal Payment# ❑ K-16 Billing Additional Options(check all that apply) Manufacturer Model/Serial# lowance Suspension ❑Run Length Plan ❑Fixed Price Plan (check I as required) ❑ Per-Foot Pricing Months affected ❑ Extended Service Hours: ❑ June only Description: /$ mo. Total Allowance= ❑ July only ❑Attached Addenda Total Allowance Applied to: $ ❑ August only form# form# PP ❑Trade-[n Equip.Balance: ❑ June July ❑Price of Repicmnt.Equip.: $ ❑ July-August Contract Authorization DocuBroker Form#51860-1 (08/2000) 3/19/2001 Fo *J�f-,-,Hl TEX. Page 2 of 5 GENFRAL TiiRMS: 'Ihc liollowwg term~apply to all lease transactions: liable for any int ri rigeniciii-related liabilities outside the scope of this paragraph including but not limited to mfrngeincnt based upon a Product hang modified to L PRODUCTS. Hie term'•product.s"shall refer collecti%cl to all your specifications or heing used or sold with products riot provided by Xerox. cyuiprnem(the"I{quipincnt"),software,and supplies ordered under this Al--reement. You represent that the Products are being purchased for your own 7. I,IMI'I A'I'ION OF I.IAl11Lt'l'Y AND ASSIGNMI:N'I. Neither party use(rather than resale)and that Ihev will not he used primarily[or personal. hall he liable to the other for any direct damages greater than the ainoanls household or latnily purposes. payable hereunder or for any special,indirect,incidental,consequential or punitive damages arising out of or rclatine to this Agreement,whether the claim ?. CREDIT HISTORY. As part of this transaction.Xerox nnav alleges tortious conduct(including negligence)or any other legal Ihrorv. You investilate your credit history. Even it products have been delivered.Xerox [nay riot assign any ill vour rights or ohligations wider[his Agreement without may,within 60 days following its acceptance of[his Agreement.revoke the Xerox'prior written consent. Agreement if your credit approval is denied. S. ASSIGNMI?N'IBY XIiROX. In the event Xerox assigns any of its 1. PAYMFN'1'. Payment is clue when you receive our invoice. All obligations under this Agreement.Xerox shall remain primarily responsible tor applicable taxes shall he added to your pav"r l amount(unless you provide their lertornance;any claim or defense you may have relating to these proof of your tax-exempt status). 'Ihese taxes include•but arc not limited to. obligations must he asserted only against Xerox and riot its assigner. sales and use.rental,excise.gross receipts and occupational or privilege[axes. You are not responsthle lir paying personal property taxes on the 1'ro ducts. In ). MINIMUM I.I?ASI{PAYMI ?N'I'S.the Minimum[.ease Paynnenl. addition to anV charges set out on the Iron)page of this Agreement.you will he alone with anv additional Print Charges,covers vour cost for the use nt the responsible for any non-typical delivery or removal expenses incurred. I'quip"rit and its maintenance. 'Ihc Minimum Lease I avinent(which may he htllcd on more than one invoice)shall consist of the total of(I)anv Base Charas and(2)any Monthly Minimum Number of prints multiplied by the applicable T. BASK SERVICES.Xerox will provide the Iollowing Basic Scrices Meter 1 Print Chargc(s). For full-color equipment,color copies are counted on under this Asccrrxnt(unless you are acquiring Equipment lir which Xcrox docs Meter 1. not offer Basic Services;such equipment to he designated as"No Svc.­): 10. MAINTENANCE COMPONFN f PRiCE iNCRFASI:S. Xerox may A. RI?PAIRS AND PARTS. Xerox will make adjustincnis and repairs annually increase that amount of vour Minimum Icasc Pavincnt and Print necessary to keep Equipment in good working order(including such adjustments Charges you are charged lir the maintenance of the F.quipinrnt(the or repairs rcywred during initial installation). Parts required lir repair may he fvlamlenanrc Comp mint"),each such increase not to exceed 10`/.. I Eor stale new,reprocessed,or recovered. All replaced parts/materials will become Xerox' and local government customers'.this adjustment shall lake place at the property. commencement of each of your annual contract cycles.) B. HOURS AND EXCLUSIONS. Unless otherwise stated.Basic IL TITLE.RISK.AND I&LOCA ZION. 'Ihc title to the equipment shall Services will be provided during Xerox'standard working hours(excluding remain with Xerox unless and until you exercise your option to purchase Ihc Xerox-recognized holidawo in areas within the United Stales.its territories,and equipment. 'Ihc Kick of Loss due to your[awl or negligence.as well as Ihrlt or possessions open lir repairservice for the Equipment at issue. Basic Ser ices disappearance.shall pass to you upo)n shipment from a Xerox Controlled facility. shall cover repairs and adjustments required as a result of normal wear and tear or The Risk of Loss due to all other causes shall remain with Xerox unless and until detects in materials or workmanship(and..shall exclude repairs or adjuslnenls you exercise your option to purchase the eywpincril. Unless and until(tile passes Xerox determines to relate to or he affected by the use of options,accessories,or to you.all Equipment relocations must he arranged(or approved in advance)by other connected products riot serviced by Xerox as well as any non-Xerox Xerox. All part s/inaterals replaced as part of an upgrade will become Xerox's alterations,relocation,service,supplies,or consumables). property. C. INSTALLATION SITE AND METER READINGS. •Ihc equipment I Z. KIiNI:WAI.. Unless either party provides notice at least 10 drys installation site must confirm to Xerox' published reyuirernents throughout[he before the end of Ihc lease term of its intention not to renew the(case,it will he term of this Agrecirnenl. If applicable,you must provide meter readings in a renewed automatically on a trnmth-u)-month basis at the same price and on the manner prescribed by Xerox. It you tail to provide timely readings.Xerox may sarric terms and conditions. Billing will occur at the sarrnc Ireyuency as the estimate them and hill you accordingly. onginal lease. Uurnw,this renewal period,either side may terminale(his Agrectnenl upon at least 30 days notice. 1). REMEDY. It Xerox is unable to maintain the I'.quipment as described alcove,Xerox will,as your exclusive remedy,replace the Equipment with an I_'+. BRFACH. It you breach this Agreement.Xerox,in addition to its identical product or.at Xcrox'option,another product of equal or greater other remedies(including the cessation of Basic Services),may require capabilities. "Ibis replaccincnl product shall he subject to these same terns and immediate payment of(a)all amounts then duc;(h)the remaining Minimum conditions. Lease Payments in the Agrecrient's term Mess any unearned finance. maintenance,and supply chargcsj;(c)a reasonable disengagetnent fee calculated li. CAR"I RIUGI?PRODUCT'S. If Xerox is providing Basic Ser ices for by Xerox I the amount of such tee to he available I-o n Xerox at any time upon a product utilizing cartridges designated by Xerox as customer replaceable request 1;and(d)the applicable Purchase Option.Once these sums are paid.title ("Cartridges"),and witless you have entered into a Standard Maintenance shall pass to you. Agreement as described below,you agree to use only unmodified Cartridges purchased directly from Xcrnx or its umhorired resellers in the United Slalrs. IT. CARTRIDGE'S.To enhance print quality,Xerox has designed the cartridge used in certain equipment models to cease twictioning at a E. OPFRATOR MAIN E'NANCI?PROCEDURES FOR DOCUCOI.OR predetermined point(details regarding specific models are available upon 70 AND DOCUCOLOR I(N). It Xerox is providing Basic Services lir vour request). In addition,certain cartridges are sold as linvironnental Partnership DocuColor 70 or Do cuColor IW.you at-,ree to perform all operator maintenance cartridges;you agree these cartridges shall remain Xerox property and[hat you procedures set firth in the applicable Printer Operator Guides(including the will return them to Xerox lir remanufacturing once you have run them to their purchase of all referenced parts,tools,and supplies). cease-function point. G. PC/WORKSTATION RI:QUIREMI:NfS. In order to receive Basic 15. EQUIPMENT STATUS. In support oI Xerox'crivironnental Services and/or Software Support lir egwprnenl requiring connection to a PC or leadership goals,and unless you are acquiring previously Installed I{ywpirent, workstation.you must utilize a PC or workstation that either(I)has been I?qunp"iit will he either(a)"Newly Manulactured".which may contain some provided by Xerox or(2)meets Xerox'published.specifications. rrryrled components that are reconditioned;(h)"Eartory Pnoclucrcl New vlodcl". i. WARRANTY DISCLAIMER.XEROX DISCLAIMS THI?IMPLIFD which is manufactured and newly serialized at a Xerox lactorv,adds functions WARRANTY OI-EITNFSS FOR A PARTICULAR PURPOSE. and features to a product previously disassembled to a Xerox predetermined standard,and contains both new components and recycled components that are 6. IN"I'I'.I,I,EC'1 UAI.PRUPI?K"I'Y INDEMNITY. Xerox will defend reconditioned:or(c)"Remanufactured".which has been factory produced and indemnity you it any product is alleged to infringe sorrnconc else's U.S. fidlow'wg disassemhly to a Xerox predetermined standard and contains hoth new intellectual property rights provided you promptly notify Xerox of the alleged components and recycled components that are reconditioned. in(ringerrent and permit Xerox to direct the defense. Xerox is riot respo isihlc fir any non-Xerox litigation expenses or settlements unless it preapproves them in 16. PURCHASE OPTIONS. You may purchase the pyuipment at the end wrnimu. To avoid mlringcrnent.Xerox may modify or substitute an equivalent of the[case tern lir the Purchase Option indicated in this Agreement(i.e..either Product.refund the price paid for the Product(less the reasonahlr rental value lir a yet dollar amount orthe 1, IeCF-cola nl at the lease term's the period it was available to you),or obtain air,,,necessary licenses. Xerox is not conclusion j..l MV"J). Yo r yds, J' c al nv bine during the Do cuBroker Form#5I860T&C(08/2(W) 3/IV/_'(N)I �u Paer 3 of i lease by paying(a)all amounts then due:(b)the remaining Minimum Lease A. Xerox will assure that Base and Application Software performs in Payments in the Agreement's lean bless any unearned finance,maintenance,and material conformity with its published specifications and will maintain a loll-Irec supply chargesj:(c)a reasonable disengagement fee calculated by Xerox 1Ihc hotline during standard business hours to answer related questions. amount of such fee to he available from Xerox at any time upon rcquustI.and(d) If. Xcrox may make available new releases of the Base or Application the applicable Purchase Option. When these amounts have been fully paid,title soltware Thal primarily incorporate coding error fixes and are designated as ui the Equipment will transfer to you. "Maintenance Releases"'. Maintenance Releases are provided at no charge and 17. PROTFC11ON OF XEROX'RIGHTS. Unless and wild you purchase must he implemented within six(6)months after being made available to you, the leased Equipment,you hereby authorize Xerox or its agen(s to execute on Mach new Maintenance Release shall he considered Base or Application Software your hchall all documents necessary to protect Xerox'rights as the Equipment governed by these Software Terms.. New releases of the Base or Application Lessor(including the perfection of Xerox' purchase money security interest that soltware that are not Maintenance Releases,if any.may he subject to additional shall attach to all Equipment lir which the Purchase Option is a,set dollar license tees at Xerox'then-cwrent pricing and shall be considered Base or amount). Application Software governed by these Software Terms(unless otherwise is. MISCIiLLANI;OUS. This Agreement constitutes the entire noted). agreernent as to its suhject matter,supersedes all prior and contemporaneous oral C. Xerox will use reasonable cl7orts,either directly and/or with its and written agreements.and shall he construed under the laws of the Slate of vendors,to resolve coding errors or provide workarounds or patches,pro%ided 1exAS Nw*-Yerk(wilhow regard to conflict-ol-law principles). Xerox may retain a you report problems in the manner specified by Xerox. reproduction(e.g..electronic image,photocopy,facsimile of this Agreement D. Xerox shall not he obligated(a)to support any Base or Application which shall be considered an equivalent to the original:in addition,Xerox may software That is two or more generations older than Xerox' most current release or accept this Agreement either by its signature or commencing performance(e.g., (h) to remedy coding errors it you have modified the Base or Application Equipment delivery). All changes to this Agreement must he trade in a writing Snitwarc. signed by both parties:accordingly,any lerms on your ordering documents shall he of no force or effect. In any action to enl'rce this Agreement,the parties I`•. Xerox may annually adjust the Annual Renewal and Support-Only agree to waive their riLht to a jury trial and to pay the prevailing party's costs and fees•each such increase not to exceed 109x. (For stale and local-governmen( expenses,including reasonable attorneys'tees. customers,this adjustment shall take place at the commencement of each of your SOI''IW,1R1?'IIiRMS: The Billowing additional terms apply only to transactions annual contract cycles.) covering Application Software and/or Xerox-brand Printing System,Docu Fcch, 21, DIAGNOSTIC SOF"IW ARI;. Software used to maintain the Color.High-Volume and Digital Copier-Duplicator,or Document Centre liquipment ant/or diagnose its failures or substandard performance(collectively products: "Diagnostic Software")is embedded in,resides on,or may be loaded onto the Equipment. 1lie Diagnostic Software and method of entry or access to it 19. SOI''IWARI{I.ICENSIi. 'ihe following terms apply to copyrighted constitute valuable trade secrets of Xerox. 'title to the Diagnostic Soltwarc.shall software and the accompanying ducurrKnlalion,including hut not limited to at all firms remain solely with Xerox and/or Xerox'licensors. You agree that(I) operating system.soltware,provided with or within the Equipment("Base your acquisition of the Equipment does not grant you a license or right to use the Software")as well as software specifically set out as"Application Software"on Diagnostic Software in any manner and 121 that unless separately licensed by the face of-[his Agreerrxml. This license docs not apply to any Diagnostic Xerox to do so,you will not use,reproduce.distribute,or disclose the Diagnostic Software nor to anv software and accompanying documentation made subject to a Software for any purpose(or allow third parties to do so). You agree at all limes separate license agreement. (including subsequent to the expiration ol'this Agreement)to allow Xerox to A. Xerox grants you a non-exclusive,non-trans Ierahle license to use the access,monitor,and otherwise take steps to prevent unauthorized use or Base Software within the United States,its territories,and possessions(the reproduction of the Diagnostic Software. "United Slates")only on or with the Equipment with which(or within which)it GOVERNMI?NTAL TFRMS: 'the following additional terms apply only to stale was delivered. For Application Software,Xerox grants you a non-exclusive,non- and local government customers: transferable license to use this soltware within the United States on any single ` unit of equipment for as long as you are current in the payment of any indicated 22. (iOVIiRNMI{NF CUSTOMER TERMS software license tees(including any Annual Renewal Fees). You have no other A FUNDING. You state that it is your intent to make all payments rights to the Base or Application Software and,in particular,may not(I) required wider this Agreement.In the event that(1)through no action initiated by distribute, modil'y,create derivatives of',decompile,or reverse engineer this you your legislative body does not appropriate funds fir the continuation of this software:(2)activate any sollwam delivered with or within the Equipment in an Agreement for any fiscal year alter the first fiscal year and has no funds to do so unactivated state:or(3)allow others to engage in same. Title to the Base and from other sources and(2)you have made a reasonable but unsuccessful effort to Application Software and all copyrights and other intellectual propertv rights in it find a viable assignee within vour general organization who can continue this shall of all times reside solely with Xerox and/or its licensors(who shall be Agreement,this Agreement tray be terminated.1b clfcct this termination,you considered third-party beneficiaries of these software provisions). shall,1lays prior to the beginning of the fiscal year for which your legislative / I3. Xerox inay terminate your license for any Base Software(l) body does not appropriate fun s,sen erox urn ten notice stating a your mmedialcly if you no longer use or possess the I'.quipment or are a lessor of the legislative body failed to appropriate funds and that you have made the required Fgwpirnm and your first lessee no longer uses or possesses it or(2)upon the elfirt to find an assignee Your notice must be accompanied by payment of all termination of any agreement under which you have rented or leased the sums then owed Xerox under this Agreement and must certify that the canceled I,quipmenl. Fquipment is not heing replaced by equipment performing similar functions during the ensuing fiscal year. In addition,you agree at vour expense to return C. if you transfer possession of the liyuipment,Xerox will offer the the Fquipmcm in good condition to a location designated by Xerox and that, transferee a license to use the Base Software within the United States on or with when returned,the I?yuipmenl will he free of all liens and encumbrances You th transfer r i Xerox' violationthen-appof Xerox'e terms and license fees,if any,and provided will then he released from your ohfitations to make any further payments to the transfer is not in violation of Xrights. Xerox(with Xerox retaining all sums paid to date). 1). Xerox warrants that the Base and Application Software will perform B FAX TRI?ATMENT. 'Ibis Agreement has been accepted on the basis n material conformity with its published specifications lira 90-day period from til Xerox claiming anv interest paid by you as exempt from federal income lax the dale it is delivered or,lir soltware installed by Xerox,the dale of soltware under Section t03(c)of the internal Revenue Code of 1986.Should Xerox lose installation. Ncilher Xerox nor its licensors warrant that the Base or Application the benefit of this exemption as a result of your failure to comply with or he Software will be free from errors or that its operation will he,uninterrupted' covered by Section 103(c)or its regulations,then..subject to the availability of funds and upon demand by Xerox.you shall pay Xerox an anwunl equal IO its 20. SOP"IWARE SUPPORT. During the period that Xerox provides loss in this regard. Basic Services for the Equipment.Xerox will also provide sollware support lir C. ASSiGNMI{NT. No(withstandim-,any provisions in this Agreement the Base Software under the following terms. For Application Software,Xerox to the contrary.Xerox may not sell,assign or transfer this Agreement,and any will provide this same level of.support provided you are current in the payment of attempted sale,assignment or transfer shall he void and without effect. all Initial Liccnse and Annual Renewal Dees(or.lir programs not requiring 1). PAYMFNT Your payment is due within 30 days of our invoice date. Annual Renewal bees,the payment of the Initial License Fee and the annual -Support Only"Fees): ADDITIONAL IiRMS: the following additional terms apply only to the extent that you have afire ime tit Lv UP-115 1 scribed below: DocuBrukcr Purm#S l{60"l'8cC(OH/2(H)0) 3/1')/2(101D_)ECIIN:D Page d of i Cc�l0 fN M,rnZE U VFW 1_3. SUPPLIES INCLUDI'.D IN BAST{/PRINTCHARGE?S. II this option A. TITLE TRANSFER. You warrant that you have the right to transfer has been selected.Xerox will provide you with black tuner,black developer, title to the Trade-In Equipment and that it has been installed and performing its copy cartridges,and fuser("Consumable Supplies")throughout the term of[his intended Junction lir the previous year at the address where the repfacernent Agreement. For full-color kquipment,Consumable Supplies shall also include equipment is to he installed. Tille and risk of loss to the Tradc-In FAuipmenl color toner and developer. You agree that the Consumable Supplies are Xerox' shall pass to Xerox when Xerox removes it from your premises, property until used by you.that you will use them only with the liquipment.(hal B. CONDITION. You warrant that the Trade-In I:yuipmenu is in good you will return all Cartridges to Xerox for remanulacluring once they have been working order,has not been modified Inrtn its original ronfiatuation lather than run to their cease-function point•and that you will return any unused Consumable by Xerox).and hos a U1.label attached.You agree to maintain the"trade-In Supplies to Xerox at the end of this Agreement. Should your uw of Cunsurnahlc I?yuipmcnl at its present site and in suhslantially its present condition until Supplies exceed the typical use pattern(as determined by Xerox)[or these items removed by Xerox. by more than 1094,you agree that Xerox shall have the right to change you fix any such excess usage. C. ACCRUE?D CHARGFS. You agree to pay all accrued charges for the Tradc-In Equipment up In and including payment of the Final Principal Payment ?q. RI:PLACI?MI?N"I'/MODII ICA'I'ION OF PRIOR XEROX Number and to pay all maintenance•administrative,supply and finance charges AGREEMENT.It this option has been selected,this Agreement will replace or IIor this equipment through the dale title passes to Xerox. modify a prior agreement between you and Xerox covering the specified equipment. If it is a replacement agreement,the prior agreement shall he null and 32. RUN LENGTH PLAN.If this option has been selected,the first ten void. if it is a modification.the prior ai-,recrrtcnl shall remain in effect except that prints of each original(per run)are recorded and hilted on both meters with all any new Icrm,presented in this modification agreement(e.g.,price,duration, subsequent prints recorded and billed on Mctcr A only.(Note that if a 5090 configuration)shall take precedence over the prior terms for the balance of the family product covered by this plan has its document handler left open,all Agreement.In addition,modifications requuring a reamortiza[ion of your affected copies will be recorded and billed on both meters.) payments may include a one-time administrative/processing charge which will 33. FIXED PRICK PLAN. If this option has been selected,Xerox will appear on your first hill under this revised arrangement. forego its right to increase the Maintenance Component throughout the initial term of this Agreement. 25. XEROX AS FINANCIAL,INTERMEDIARY. If this option has been 14. PER-FOOT PRICING. If this option has been selected,all Print selected,you are leasing specifically identified products that were selected by you Charges will he billed on a per-lool basis,with each linear loot equal to one print, and that are not sold by Xerox in the normal course of its business. With regard 15 I:XTFNDI{D SERVICE HOURS. It this option has been selected, to these products,you agree that Xerox is leasing them to vuu"As Is"and Xcrox will provide 13asic Services during the hours indicated,with the first without warranty or liability(either direct or indirect)of anv kind. As such,and number establishing the number of eight-hour shills covered and the second with reaard to these products.YOU HI.RFBY WAIVE THE'IMPLIED establishing the days of the week leg.Z x 6 would provide service from S:00 WARRANTY OF MERCHANTABILITY. Xerox assigns to you,to the extent A.M.to 11:59 P.M..Monday through Saturday). The cost of this enhanced assignable,any warranty rights it has to these products(which rights shall revert service coverage will he billed separately and,as such,is not included in your to Xerox if you breach this agreement).You agree(a)that these products are not Minimum Lease Payment or Print Charges. covered by Xerox'obligation to provide Basic Services:(b)to maintain a service agreement for these products with a service provider acceptable to Xerox 16. ATI•ACHED ADDENDA. If this option has been selected,you throughout this Agreement's term: (c)to pay all personal property taxes related acknowledge that one or more specified addenda(as indicated)have been to these products:and(d)to assign to Xerox any rights you have to these provided to you. These addenda•which provide additional term~relevant to the products until title passes from Xerox to you(which.subject to any software transactions covered hereunder,are hereby fully integrated into this Agreem nt. licenses surrounding the acquisition of these products,shall occur when you 37. NEGOTIATED CONTRACT. If this option has been selected,this obtain title to all Xerox Equipment covered by this Agreement). Agreement is subject to the terms contained in the identified Negotiated Contract. 26. FINANCI?D SONIWARE TOTAL,. 11 this option has been selected, If the terms contained in this Agreement conflict with those contained in the the initial license fees for any Application Software set firth in this A,rcemenl Negotiated Contract,the terms of the Negotiated Contract shall prevail. shall he paid lir through your Minimum Lease payments. If you breach this license or any of'your ohligations regarding the Equipment,the lull amount of the initial license fees shall be immediately due and payable. 27. FINANCIiD SUPPLIES TOTAL. If this option has been selected,the cost of any supplies you have purchased under this Agreement shall be paid lir through your Minimum Lease Payments. It you breach any of your obligations regarding the Equipment,the lull amount of the supply costs shall become immediately due and payable. 8. REFINANCE OI;PRIOR AGRNEMENT. If this option has been selected,the balance of your prior indicated agreement with Xerox or a third- party shall be paid for through your Minimum Lease Payments. If your prior agreement is with a third-party,you hereby acknowledge that you have the right to terminate the agreement and agree to provide a statement from the third-party idcn(ifying the equipment at issue and the amount to be paid of (as well as a statement from you identifying the payer and mailing address for your payoff check). If your prior agreement was with Xerox,the use of this refinance option shall render your prior agreement null and void. If you breach this Agreement, the lull amount of your prior agreement balance shall be immediately due and payable. 29. ADJUST'ME'NT pFRIOD.If this option has been selected,your Minimum Lease Payment and/or Print Charges shall he adjusted in accordance with the information contained in the Adjustment Period portion of this Agreement:as a result,your itutial payment(s)shall he different from those payable during the balance of this Agreement. 30. K-16 BILLING SUSPENSION.II*this option has been selected,[he Maintenance Component til your Minimum Lease Payment and Print Charges will he suspended each year during the months indicated. During these months, you agree not to use the Equipment and that Xerox shall not he responsible for providing Basic Services on it. 3 L TRADE?-IN FQUIPMENT. If this option has been selected,you are providing equipment to Xerox as part of this Agreement(•'Tradc-In liyuipmcnt") and the following shall apply: DocuBroker Fortn#51 S60T&C(0812000) 3/19/2001 � "� Page 5 of 5 City of Fort Worth, Texas 4vagor And Council Communication DATE REFERENCE NUMBER LOG NAMEE 2/27/01 **P-9307 1 0001-00787 1 of 2 SUBJECT LEASE/PURCHASE AGREEMENT FOR A XEROX DP65 PRINTER, SOFTWARE, MAINTENANCE AND CONSULTING SERVICE FROM XEROX FOR THE WATER DEPARTMENT RECOMMENDATION: It is recommended that the City Council: 1. Authorize a three-year lease/purchase agreement for a Xerox DP65 Printer and software for the Water Department from Xerox using the State Catalogue Purchasing Procedure at a cost not to exceed $50,545.92; and 2. Authorize a three-year maintenance agreement for a Xerox DP65 Printer for the Water Department from Xerox using the State Catalogue Purchasing Procedure for an estimated cost of $52,380.00; and 3. Authorize consulting services (not to exceed 40 hours at $140.00 per hour) including connectivity to the mainframe, application installation, software training, application testing and training using the State Catalogue Purchasing Procedure for a cost not to exceed $5,600.00; and 4. Authorize the trade-in and removal of the existing IBM 3935 Printer unit with a trade-in value of $8,000.00 as a part of the agreement; and 5. Authorize this agreement to begin February 27, 2001, and expire February 26, 2004. DISCUSSION: The current IBM 3935 Printer is now six years old and requires increasingly frequent repairs. The new printer will allow the Water Department to be technologically current and will be the primary printer to print all the City's monthly and delinquent water bills. Financing the printer and maintenance over time reduces the annual expenditure required and allows the Water Department to implement this vitally important change using existing resources. Xerox is designated a Qualified Information System Vendor (QISV) by the State of Texas. Under Section 271.083 of the Texas Local Government Code, a local government satisfies competitive bidding requirements when it makes a purchase through the State of Texas General Services Commission Catalogue purchasing procedure. The City will comply with the procedure for this purchase agreement. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods and services is from sources where subcontracting or supplier opportunities are negligible. City of Fort Worth, Texas 4valjor and Council Communication DATE REFERENCE NUMBERLOG NAME PAGE 2/27/01 **P-9307 0001-0078 2 of 2 SUBJECT LEASE/PURCHASE AGREEMENT FOR A XEROX DP65 PRINTER, SOFTWARE, MAINTENANCE AND CONSULTING SERVICE FROM XEROX FOR THE WATER DEPARTMENT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund. CB:k BQN/01-0078/JRC Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8511 APPROVED Originating Department Head: CITY COUNOIL Jim Keyes 8517 (from) FEB 27 2001 PE45 541370 0601001 $108,525.92 Additional Information Contact: • �aJ Robert Combs 8357 ca Yi the of Fort aW rthf' a .ft.