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Home My WebLink AboutResolution - 2016-R0230 - Xerox Corporation - 07_14_2016Resolution No. 2016-RO230 Item No. 6.14 July 14, 2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock Amendment No. 1 to Lease Agreement No. 12828 by and between the City of Lubbock and Xerox Corporation of Dallas, Texas, and related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on July 14, 2016 ATTEST: e ecca Garza, City S retary APPROVED AS TO CONTENT: incy Whieputy City Manager APPR� TO FORM: (v", DANIEL M. POPE, AYOR City Attorney RES.,Amend 1, Agrmt 12828-Xerox Corporation 6.28.16 Resolution No. 2016-RO230 AMENDMENT NO. I TO AGREEMENT BETWEEN THE CITY OF LUBBOCK Xerox Corporation THIS IS AN AMENDMENT TO THE AGREEMENT 12828 dated and entered into the 28'' day of April, 2016 by and between the City of Lubbock ("City") and Xerox Corporation ("Corporation') of Dallas, Texas. The Corporation has entered into the Agreement with the City for digital copiers lease agreement. 7r�f% V This Amendment No. l is to dec a �n na o same st�.,from $9?#54AE to 58950.48 with a cost savings o .a b Ty &V y sa n term of the lease. The expiration date of the Agreement remaining as originally stated. This amendment No. 1 decreases the original Agreement nine point forty eight percent (9.48), the update price sheet is attached as Exhibit A. All other portions of the original Agreement and previous Amendments shall remain in place and are not altered by this amendment. IN WITNESS HEREOF, the parties have executed this Amendment as of this 14th day of dulY 2016 and agree to the terms of Attachment A and B attached hereto and incorporated herein by reference. CITY OF L BOCK Xerox Cc. omtio n D,ANIEL M. F PE, MAYOR Au orized RepresRxttativ ��APPPPROVED AS TO CONTENT: , Marta Alvarez, Director of purchasing and Contract Management AV � Lease Acireement,.. cQft= ujgswC CITY OF oTo: MY OF L11880(:!( tnsu CM OF LUSBOM 1d2 im ST RUL06 LLES CKM 7M-0M) iSS IM ST LuwCK. Tx Tm4=l Tax lDt:75 SoorL WC HegaUtkdCmtad:07VIM ^1 � Contract 12828 TCPN BPA-R150302 T. DTZSCI' ['D1is tR�ftf11TFR} Fosd� Lease Tenn 36 mo tfrs -Xe=4tTMSWGYABM 62LO16 - Standxd hss� Puna ogm FW Trade-tn as d Pap" • 05 Eder A M - Customer Ed -Analyst Scrvkes 2. FFSM (FFPS Sili2-Mh' Wt2S) f - Cadrdu Sind Lease Temr. 36 mm is - Xerox LTPPODWS SN 6211Z1118 - U12S Gp Sir Licanse Pulse Option: FMV M0166n - vs&mpw (lt cp Train es at Payment 60 - QAlwm Ed - Arss" Bents 3. D173CP (0125 C0PUS"ITEF4 -Kigh Upc4y Feeder Lease Term: 35 owed - Xmx 4127CP SM GYA8B M SZ 016 - e h" Pub 0A= FMV Trsde4n as d Payrmt W .04 Ska*Faas w23H* - oig mer Ed -Ara" S&Vim &mmfSSvR-0wmm2% _ CmLld r swnd Lease Term: 36 uwft - Xe= LTMUDIErPS SfN W12016 -Dt25 Cp Sn tk0m Fmhaxe Opltarc FMV NXLSIS512 -Ysekequw On Cp Trade -hits d P*=M W -CusberEd -Arsalyst Services M Y OF LU K k . Corpomno Yf-7 lr/l& _ A-MEL Li. POPE NMOR Awhorixcd Reprrsrnrati« 4 '.k nIST Crarta. fit. �rrran-. 0 4 9 7 2 6 9 0 1,0 0 2 0 0 5 0 �t�PAx 3m iy r+ an +r r r Information + r - s-- 11 Date 3. V60B (VERSANT 80 PRESS) Convenience Stapler Lease Term: 36 months Xerox X70OX SIN MAV779825 E2112016 Interlace Module Purchase Option: FMV Trade -In as of Payment 58 V80 2 Tray Adv Ohcf 1 Smf W213 Hp Stpl Clz Folder I# G. VBOFFPS (FFPS FOR V80) Ffps Stand + Spectro Lease Tem: 36 months Xerox X70FFPS JN TAf.M625828 EI2112016 Customer Ed Purchase Option: FMV Trade -In as of Payment 60 Analyst Services 7. V808 (VERSANT 80 PRESS) - Versant 8ib Oct Leese Term: 35 months Xerox X700X SIN ft1WM881 &21016 Purchase Option: FMV Trade -In as of Payment 60 B. V20FFP5 (FFPS FOR V80) Ffps Stand + Spectra Lease Term: 36 mcn1F, • Xerox X707F"r5 SIN TAM623647 E'2V2016 t Customer Ed Purchase Option: FhtV Trade -In as of Paymenf 60 I Analyst Services Jlew. r + Print Charges I Winlenance Plan Features 1. D125CP $1,700.84 1: Total All Prints i S0.0046 ConsumaNe Supplies Included for all prints $738.86 - N;A - _ NIA -N,-A Pricing Fixed for Term Full Service Maintenance Included ~2. FFSRVR Pricing Fixed for Term 3. D125CP 51,595.45 1: Total. All Prints $0.0046 - Consumable Supplies Included for all prints I I Pricing Fixed for Term 4. FFSiWA 5788.8E I'VA NIA WA - Full Service Maintenance Ir+.cludad Pricing Fixed for Term 5. V30B $1,686.20 1: Color ` All Prints $0.0475 Consumabis Supplies Included for all prints I€ Pricing Fixed for Term 2. Sack All Prints i $0.0107 3: Color LG All Prints 50.0054 8. V60FFPS 5871.68 1 MIA NVA NIA Full Service Maintenance included : Pricing Fixed for Term 0 4 9 7 2 6 9 0 1 0 0 2 0 0 5 0 INTRODUCTION: 1. NEGOTIA7EO CONTRACT. The Products are subject solely to the terms In the Negotiated Conlract identified an 11na face o1 this Agreement, and, for any option you have selected that is nd addressed In the Negotiated Conlracl, the (hen current standard Xerox terms for such option. GOVERNMENT TERMS: 2. REPRESENTATIONS & WARRANTIES. This provision is applicable to governmental entities only. You represent and warrant, as of the daia of this Agreement, that: (1) you are a State or a iuly const.lutad pafdical sutdivision or agency of the Stale In which you are located and are authorized to enter into, and carry out, your obligations under this Agreement and any other documents required to he dellvered in connection with ins Agreement {collectively, the 'Docurnenls'): (2) the Documents have been duly authorized, executed and delivered by you Li accordance with at applicable laws, rules, ordinances and regulations (inducing al applicable laws govemi:ng open meelings, pubLe brddng and appropriations required in ccnne6w with this Agreement and the acquisition of the Products) and are valid, legal, binding agreements, enforceable ih accordance with ItNir terns; (3) the persons) slgning the Documents have the authority to do so, are aclirg with the full authorization of your govemi.W body and hold the othces indicated below heir signalures, each of which are genuine; (4) the Products are essential to the immediate performance of a goverrmenlal or proprietary functon by you within the scope of your authority and will be used during the Term only by you and only to perform such function; and (5) your payment obligations under this Agreement constitute a current expense and not a debt under applicable state law and no provision of this Agreement constitutes a pledge cf your tax or general revenues, and any provision that is so construed by a court of competent jurisddon is void from the Inception of this Agreement. 3. FUNDING. This provision is applicable to governmental entitles only. You represent and warrant that all payments due and to become due during your current fiscal year are within the fiscal budget of such year and are included within an unrasidded and unencumbered appropriation currently available for the Products, and it Is your intent to use the Products for the enfre term of this Agreement and make elf payments required under hs Agreement. II your legislative body does not appropriate funds for the continuation of this Agreement for any fiscal year after the first fiscal year and has no funds to do so from other sources, this Agreement may be terminated. To effect this termination, you must, at least 30 days prior to the beginning of the fiscal year for which your legislative body does not appropriate funds, notify Xerox In writing that your legislative body failed to appropriate funds. Your notleo must be accompanied by payment of all sums then owed through the currenl fiscal year under this Agreement. You wr11 return the Equipment, at your expense, to a location designated by Xerox andr when retumed, the Equipment wig be to in good condition and lea o1 all liens and encumbrances. You will then be released from any further payment obligations beyc4A those payments due for the current fiscal year (with Xemx retaining al; sums paid to date). SOLUTIONiSERVICES: 4. FREEFLOW LiCENSE. The following terms apply to Xerox FreeFlow Print Server111IDocuS?6 software included in Base Software ('FraeFlow Base Software') ardor Application Software iderhliiied as Xerox FreeFlow software (including, but not limited to, FreeFlow MakereadyO and FreeFlow Process hlansgerTM) (colleclively, 'FreeFfow Appl;calion Software'), and are edd3ive to and supplement those found elsewhere in the Agresment. Freatlow Base Software and FreeFlow Application Software are collectively referred to as'Freelriow Softwa(e.' 1. FreeFlow Sofl62re may include andror incorporate fait programs ('Fort Programs') and other software provided by Adobe Systems Incorporated ('Adobe Software'). You may embed copies of the Font Programs Into your electronic documents for this purpose of prW;ng and vk-wing the document- You are responsible for ensuring that you have the right and are authorized by any necessary thud parries to embed any Font Programs in electronic documents created with tine FreeFlow Application Software. If the Font Programs are Identified as 'licensed for edliable embedding' at www.adobe.com%wJbrr}wser4egallembeddingeu!a, you may also embed copies of those Font Programs for the additional purpose at editing your electronic dccrm;ents. No other embedding rights ere Implied or parmIlted under this license. 2. You will not, without the prior whren consent o1 Xerox and lis licensors: (a) alter the digital configuratim of the FreeFlow Software, or solicit others to cause the same, so as to change the visual appearance of any of the FreeFlow Software output; (b) use the FreeFlow Software In any way that Is not authorized by the Agreement (c) use the embedded code within the FreeFlow Software outside al the Equipment on which 4 was xerox , �® ,,r.J Ccr., Pins Installed or in a stand-alone, tide-shara or service bureau model; (d) disclose (he rasuYs of any perfcmhante or berut;mark tests of the FraeFfow Software; (e) use the FreeFlew Software for any purpose other than to carry out the purposes of the Agreement; or (f) discicsa or oth-amise parnmt any, other person or entity access to the object code of the FreeFlow Saftwite, 3. FreeFlow Process. (.tanager contains Oracla Database Express Edition database software and documentation licensed from Oracia America, Inc ('Oracle'). Oracle grants you a nonexclusive, nontransferable i mited license to use Database Express Edition for purposes of davefoping, prototypirng and nnning your eppfications for your omit inlamal data processing operations. Ds!abasa Express Edition may be irslafled on a multiple CPU server, but may only be exKuru:d on one processor in any server. Upon not less tha-r 45 days prior wrr�tan notice, Xerox ardor its licensors may, at their expense, directly or through an Independent auditor, audit your use of FreeFlow Process Manager and all relevant records not more than once annually. Any such auddl wi;l be cmduded at a rri&aily agreed location and will not unreasonably interfere with your business aclivks. 4, The Copyright Management feature of FreeFlow Makaready ('FFCM') conrtAns the Copyright Ciearalhce Cent=r, inc. ('CCC') copyright licensing services feature of FFCM ('CCC Service'). You will comply with any appliicable tamrns and conditions conla!ned an the CCC website, vew.copyright.com, and any other rights holder terms governing use of materials, which are accessible in FFCM. It CCC terminates Xerox s right to ` offer access to lfhe CCC Service through FFCM, Xerox may, upon written notice and ' without any liabiiity to you, lerrninale your right 10 access the CCC Service through FFCM. THE CCC SERVICE IS PROViDED'AS IS,' WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED. XEROX DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING Y>rfi•tOlr-i LIMITATION THE IMPLIED WARRANTIES OF NONINFRiNGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You will defend and Indemnify Xerox from any and all fosses, claims, damages, fines, peniVes, interest, costs and expenses, incluciTng reasonable attorney fees, arising from or relating to your use of the CCC Service. 5. It you Install FreeFlow Application Software on a computer that you supply, the following terms apply: (a) Xerox will only be obfhgated to suppart FreeFlow Application Software If it 2 Installed on hardware and software meeting Xerox s published specificafforis (collectively' Workstation`); (b) IF YOU USE FREEFLOW APPLICATION SOFTWARE WITH ANY HARDWARE OR SOFTWARE OTHER THAN A WORKSTATION, ALL REPRESENTATIONS AND WARRANTIES ACCOMPANYING SUCH FREEFLOW APPLICATION SOFTWARE WILL BE VOID AND ANY SUPPORTIMAINTENANCE YOU CONTRACT FOR IN CONNECTION WITH SUCH FREEFLOW APPLICATION SOFTWARE WILL BE VOIDABLE ANDIOR SUBJECT TO ADDITIONAL CHARGES; and (c) you are sdely responsible for. (I) the acquisil-0n and support, including any and all associated costs, charges and other fees, of any Workstation you supply; (11) compliance with all terms governing such Workstalion acquisition and support, including terms applicable to any non -Xerox software associated with such Workstaton; and (;c] epswing that such Workstation meets Xerox s published sFttiFcaiions. b. The following terms apply to FreeFlow Software licensed to U.S. government custcrners: a. Java technology contained in FreeFlow Software is subject to. (I) FAR 52-227. 14(g)(2) and FAR 52.227.19; and (ire) fh licensed to the U.S. Department of Defense ('DOD'), DFARS 252227.70t5(b) and DFARS 227,7202-3(a). b. Adobe Software is a'commercial item,' as that term is defined at FAR 2.101, consisting of 'ccramercial compuer software' and 'commercial computer software documentation' as such terms are used in FAR 12.212, and Is licensed to civilian agencies consistent with the poircy set forth in FAR 12.212, or to the DOD consistent w!Cn the policies set b-, h in DFARS 227.7202.1. c. Oracle Database Express Edition is'commertia! computer software' and is subject to the restrictions as set forth in the Rights lot Technical Data and Computer Software Clauses in DFARS 252227.701E and FAR 52227.19 as applicable. PRICING PLAN)OFFERING SELECTED: 5. FIXED PRICING. If 'Pricing Fixed for Tarm' is identified in Maintenance Plan Features, the maintenance corr;errent of the Minimum Payrnarrl and Print Charges will not increase durvg the lrffial Term of this Agreement. GENERAL TERMS & CONDITIONS: 6. REMOTE SERVICES. Certain models of Equipment are supported and serviced using data that Is automatically coWed by Xerox or transmitted to or from Xerox by the Equipment connected to Customr's network ('Remote Data') via e'sctrcnic Informattn Fesldng on or passing through IN Equipment or Customer's in`onmalion transmiss�cn to a secure off•sile location ('Femols Data Access`), Remola Data managemant systems. Customer g.-ws the right lo Xarox, yr fW[ charge, l-i3 conduct i Access also enables Xerox to transmit to Customer Releases for Software and to Remote Data Access for the purposes described above. Upon Xerox's raquast, remaaly diagncsa and mc,01 Eg4ment to repair and carrel malSu16ons. Examples Custorrar vrJI provide contact Wormatlrn for Equipment such as name and address of of Remote Data Include product registration, meter read, supply level, Equipment Customer contact and IP and physical addressesrocafions of Eq+jxnenf. Customer Configuration and serings, software versim and probierMawt code data. Remola Data will enable Rernote D'aia Across via a nm!lhod prescribed by Xerox, and Customer vril may be used by Xerox for billing, report generation, supphas replanishment, support previde reasonable assistance to allow Xerox to provfd•_ Remote Data Access. Unless services, recommending additional products and services, and product Xerox deems Equipment incapable et Remola Data Access, Customer sale ensure d`al , imp rovemenUdeveloprnenI. purposes. Remole Data -41 be transmitted to and from Remote Data Access is mainla'ned at all times klaintenarce 5erv:.ces are being f Customer in a secure manner specified by Xerox, Rernota Data Access wit not al-0w performed. Xe;ax to road, view or download the content of any Customer documents or other I 0 4 9 7 2 6 9 0 1 0 0 5 0 0 5 1 0125CP(0125 1 COPIE R7PRIN7E 111 -Loss* St700.e4 Inchxlad 1:Total All Prink 50.0618 58,161 5a.161 >;267.54 51.W8.38 - Term: 36 rnmdu I FFSRVR IFFPS SVA- 2 DOW11 N025f . Lease SM.88 Included WA WA µrA WA WA WA 573886 - Term 36 rronpes DOPIER (DIPS - 3 COPlERfPRWTCRj Lewo 51,595A5 Included 1. Tolel AD Prints $0.0046 59011 59MI $274128 51,069.71 � - Term. 36 monlns FFSRVR 5 {FFPSVR- 4 ivI251 Lease $738-86 trlrJuded WA WA MA WA WA WA MAR"D95 Term: 36 m ros V800 (VERSANT OD 5 PRESS) , Lease $1,68520 Included S. Color AD PrVO SO.O475 10,676 10.676 $507 11 52.422 15 Term: 36 months 2: Mk All Pra11s SO.0107 21.387 21.381 5228.e4 3: COW LG AS Prints SD.OD54 0 0 SOA) FPS (PEPS FOR D vaN0j Lean $671.60 lnduded WA WA WA WA I WA WA sa71b5 Term: 36 n►s6111s V8D$(VERSANTOO 7 PRESS) _Lease 5746.91 Included 1.Color Ail $0.0475 7,577 7,577 535991 $1.139.58 • Term 38 morMs 2- Black All Prints $0.0107 3,062 3,002 W2-70 3: Color LG All PtknS $0.0054 0 0 SD.00 FPS (FFPS FOR 6 VW Lease $971,68 lmluded WA WA WA WA WA WA S071.E8 Term: 38 months ola Se,11150.16 krckrdtrd 160,4W S1,EIO.47 f10.e26.11a Monthly Invealmenl 51,52"s C Financial Analysis for CITY OF LUBBOCK Preparod on 5(P012018 Cunenl Cntie 1111911 �oBe�s I& Benchmark Service that's unduplicated. • June 9, 2016 City of Lubbock 1625 13'h Street Lubbock, Texas 79401 To Whom It May Concern: Xerox contracts were submitted and approved by the Lubbock City Council for the City of Lubbock Print Shop equipment on April 26, 2016. The monthly lease cost approved was $9430.64 per month. The contracts were submitted to Xerox for processing and were rejected. Upon submission, Xerox found a system error stating that the TCPN contract did not feed to the two color units. Therefore new Xerox contracts were generated with a lower monthly payment reflecting the TCPN pricing on all units. The new monthly lease price is $8950.48, with a cost savings of $480.16 per month and $17,285.76 savings over the term of the lease. The Xerox contracts were approved by Council in April. We need to get the new contracts resigned reflecting the lower pricing. I apologize for any inconvenience this may have caused. Sincerely, �U41LAQM"�, Sandra Henley Customer Training Manager xeroxXerox Sales Agency 1.800.378.9179 benchmarkyotaroffice.com #J in the Nation Abilene • Amarillo • Austin • El Paso • Lubbock • Marble Fails Omaha • Roswell • San Antonio • Snyder 9 Stephenville • Wichita Falls Attachment A A. lion -Arbitration The Cite reserves the right to exercise any right or remedy available to it by law. contract. equity, or othenvise, including without llmttatlon, the right to seep all,., and all forms of relief in a court of competent jurisdiction. Further. the Cite shall not be subject to any arbitration process prior to exercising its unrestricted riglit to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of anv conflict between this provision and another provision in. or related to, this document, this provision shalt control. B. Nonappropriation All funds for payment by the City under this contract are subject to the mailability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract. the City- will terniinate the contract. without teimunation charxe or other liability. on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the -roods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract. cancellation shalt be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of' no effect and the City shall not be obligated under this contract beyond the date of terniination. The City shall pay all amount due as to the date of termination and sliall make the Equipment available for pick up in good condition, reasonable «•ear and tear excepted. Attachment B CITY OF LUBBOCK. TEXAS C0 N TRAC'T 1218?4 III. INSURANCE SECTION A- Prior to the approval of this contract by the City'. the Contractor shall furnish a completed Insurance Certificate to the City. which shall be completed by an a,ent authorized to bind the named undzM-riter(s) to the coveraees. limita. and termination provisions shown thereon. ant_] wltich shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL I-AVE: NO DU1Y TO PAY OR PERFORM UNDER THIS C•ON,IRAC'T UNTIL SUCH CERTIFICATE SHALL IIAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION' B. The City reserves the right to revie" the insurance requirement; of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessan- and prudent by the City based upon changes in statutory law, court decisions. or the claim: history of the industry as -well as the Contractor. SECTION' C. Sub_ject to the Contractor's right to maintain reasonable. the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following rype(s) and amount(s): TYPE OF INSURANCE GENERAL. LIABILITY ❑ Commercial Gencral Liability ❑ Other ❑ Claims blade ® Occurrence ❑ W',Hcavy Equipment ❑ Occurrence ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY AUTOMOTIVE LIABILITY ® Any Auto ❑ Scheduled Autos ❑ Non-Ouncd Autos EXCESS LIABILITY ❑ Umbrella Form In '.AGE LIABILITY An-,, Auto BUILDER'S RISK INSTALLATION FLOATER POLLUTION CARGO WORKERS COMPENSATION EMPLOYERS' LIABILITY ❑ All Ost ncd Autos ❑ Hired Autos COMBINED SINGLE LIMIT General Aggrccate $1,000j)( 1 Products-Conip'Op AGG X Personal & Adv. Injun' Contractual Liability X Fire Damage (Any one Fire) 4icd Exp (Any one Person) Per Occurrence S 1.000.000 Each Occurrence Aggregate Auto Only - Each Accident _ Each Accident .Aggregate ❑ 100 of the Total Contract Price ❑ 100% of the Total Material Costs STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY S500.000 OTHER- COPIES OF ENDOSE.MENTS ARE REQUIRED ® Citr ol'Lubhock net»ned as additional insured on .l wo Gewral Liability art a prinrart rrrul Wort arrrtribrrtnn hasis. ® To irrc•hrdc� pr•adtrc•Ls o(cum�lc'rc°rl aperrrriurrs cndurc�'mrnt. ® 6{'airt'r oJsrrhrr�ration irt,Jinnr- uJtlr�• City n1 Ltrhhne•k are ull e•ut �°ra��s, e.rc'�pt PUR-t' (REV2016) The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's. Ali copies of the Certificates of Insurance shall reference the contract 12828 for -vvhich the insurance is being supplied. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request. and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision. or modification of particular police terms. conditions, limitations. or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance. all insurance contracts and cerriticate(s) of insurance will contain and state, in writing. on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees. and elected representatives as additional insureds. (as the interest of each insured may appear) as to all applicable coverage: b. Provide for 30 days notice to the City for cancellation, nonrenewal, or• material chan,e: c. Provide for notice to the City at the address shown below by registered mail: d. The Contractor a<-rees to waive subroaation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance: e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision. shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notif}' the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasinf.� and Contract Management Citv of Lubbock 1625 13fh Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. Pt'R-12 (REV 2016) CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 201fi-6520fi 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Xerox Corporation Norwalk, CT United States Date Filed: 06/06/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. TCPN R150302 Amendment to contract 12828 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVrT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. JC^E-,dH A. SA O T Notary puGIiz, St:9tu r_f ii wr io,k ❑LJa`.ifec in F.t nr Co::nri i'ic. u13A,5087832 t",y Gomr-ilsslcn Expres Feb. 24, 2019 L., Sign ture of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE / Swom to and subscribed before me, by the said _ �_��n i3 t% t• n this the 20_ 1>J to certify which, witness my hand and seal of office, / ' ` day of J c' ( / cir'0 -/V7'j rr Signature of officer ad iniste g oath Printed name of officer administering oath Title of off er administering oath ruimb pruviue❑ ❑y i exas units commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-66206 Date Filed: 06/06/2016 Date Acknowledged: 06/08/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Xerox Corporation Norwalk, CT United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. TCPN R150302 Amendment to contract 12828 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting husiness en0y AFFIX NOTARY STAMP 1 SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 L. to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Titlu of officer administering oath Forms provided by Texas Ethics Commission www.ethlics.state.tx.us Version V1.0.1021