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Resolution - 2014-R0372 - Contract - Xerox Corporation - Workcentre Printers And Consumable Supplies - 10_23_2014
Resolution No. 2014-RO372 Item No. 5.17 October 23. 2014 RESOLUTION BE IT RESOLVED BY TI [1 CITY COUNCII. OF "l 111? CITY OF LUBBOCK: T] ]AT tlic Mav01' of the City of LUbhock is hereby authorized and directed to execute for and on behalf of the City ol' Lubbock. Cooperative Purchasing Network (TCI-N) Contract No. R50081072535000 for workcentre printers andconsumable supplies, by and hetwecn the City of Lubbock and Xerox Corporation, of Dallas. Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth hcrcin and shall be included In the minutes of the City Coln]cil. Passed by the City Council on October 23, 2014 i f G . RO1L�R I'SON, MAYOR ATTEST: Rebe ca Garza. City ecreta APPROVI'D AS TO CONTENT: I Mark tpairwood,7 ssistanl City Manager APPROVED AS TO FORM: 6 1 t c ite trs ssistant City Attorney vwxcdocs/Rl?5.Contrac:t-Xerox September 25, 2014 Resolution No. 2014-RO372 Customer: LUBBOCK, CITY OF ei11To: CITY OF LUBBOCK tnstatl. CITY OF LUBBOCK ACCOUNTING AWMAL SVCS-ADOPTION 162513TH ST CCU 53111 CENTER LU813OCK, TX 79401.3830 LOOP 289 EAST LUBBOCK, TX 79404 Stale or Local GOUemment Negotiated Contract: 072535000 1. 5945APT (WORKCENTRE 5945) 3 Hole Punch Kit 1 Line Fax Off Finisher 50sheet Customer Ed Analyst Services 1.5945APT Tolal Lease Term: 46 months Purchase Option: FID itp ~ I Xerox WC5150 SIN VXX066970 1011312014 Trade-in as of Payment 34 i'�",.�� i irtulltt�iY�' -(i�t11�4FFiiT,��rtFtS1�i�C'-F3tl1z'r7 � (�il(ibir'LGiff.!'iiitfitij t{�1r:1: ,"„�'.1�(Jhfid+la�i(� Icr7lftud�ft?_ ' $166.27 1: BW Ali Prints $0.4051 Consumable Supplies Included for all prints Pricing Fixed for Term $166.27 - Minimum Payments (Excluding Applicable Taxes) The parties agree to the terms of Attachment "A" and Attachment "B" attached hereto and incorporated by reference. CITY OF LUBBOYK A Texas Homef yie�Cj1 its: mayor Date: f'.-jobQr 23. 2'n14 , 2014 rllAttest rt K �'-- RebeTa Garza, City Secretary Approved as to Content: Mark Yearwood, Chief Informa ' n ©f'f-t r Assistant City Manager Xerox Representative Its: Bate:` _, 2014 Approved as to Form: Mitch Satterwhite, Fi *tAssistant City Attorney 0 1 5 7 4 9 3 0 1 0 0 1 0 2 3 0 Bjno. CITY OF LUBBOCK Install: CITY OF LUBBOCK ACCOUNTING LP&L ADMIN (2NQ FLR) 1525 13TH 5T CC# 711191 *7211 LUBBOCK, TX 79401.3830 1301 BROADWAY LUBBOCK. TX 79401.2278 State or Local Govemmonl Negotiator! Conlracl : 072535000 1, 5945APT (WORKCENTRE 5945) 3 Hate Punch Kit 1 Line Fax Off Finisher 50sheet Customer Ed Analyst Services Lease Term: 48 months Purchase Option: FMV ytlp� FOX -Xerox WC5150 SIN VXX067030 Trade -In as of Payment 35 1011312014 0 1 5 7 4 9 3 0 1 0 0 2 0 2 3 0 reserved. Page 2 of 23 Biuiv: CITY OF LUBBOCK Install: CITY OF LUBBOCK ACCOUNTING PARK MAINT CTRL SHOP 1625 13TH 5T CC: 5221 LUBBOCK, TX 79401.3830 1912 ERSKIN LUBBOCK, TX 79415-1910 Stale or L cal Government Negollaled Contract - 072535000 T. 5945APT (WORMENTRE 5945) 3 Hole Punch Kit 1 Line Fax Off Finisher 50sheet Customer Ed Analyst Services Lease Term.. 48 months Purchase Option. FMV Xerox WC5150 SIN VXX067008 Trade-in as of Payment 35 101112014 WS N63923 09119014 14:16:53 Confidential - CopyrighYD 2006 XEROX CORPORATION- All rights reserved, Page 3 of 0 1 5 7 4 9 3 0 1 0 0 3 0 2 3 0 Bilffo: CITY OF LUBBOCK Install. CITY OF LUBBOCK ACCOUNTING CODES ENFORCEMENT 162513TH ST CC# 4211 LUBBOCK, TX 79401.3830 1625 13TH ST LUBBOCK, TX 79401.3830 State or Local Govemmenl Negotiated Conlrael ; 072535000 1. 5945APT (WORKCENTRF 5945) 3 Hole Punch Kit 1 Line Fax Off Finisher 50sheat Customer Ed Analyst SeNices xe rox Lease Term: 48 months Xerox WC5150 S1N VXX066834 Purchase Option: FMV I Trade-tn as of Payment 35 1011312014 U'tS N63923 09,11912014 14A6.53 Confidential - Copoghtg� 2008 XEROX CORPORATION. All rights reserved. Page 4 of 23 0 1 5 7 4 9 3 0 1 0 0 4 0 2 3 0 BillTo: CITY OF LUBBOCK Install: CITY OF LUBBOCK ACCOUNTING COMM CTR-RAWLINGS 162513TH ST CC# 5225 LUBEOCK, TX 79401.3830 213 40TH ST LUBBOCK, TX 79404.2721 Stale or Local Govemment Hegolialed Conlracl : 072535000 1, 5945APT (WORKCENTRE 5945) 3 Hate Punch Kit - i Line Fax Off Finisher 50sheet Customer Ed Analyst Services Lease Term: 48 months Purchase Option: FMV - Xerox WC5150 SIN VXX066815 I 10/13/2014 Trade -In as of Payment 34 0 1 5 7 4 9 3 0 1 0 0 5 0 2 3 0 BIIITo: CITY OF LUBBOCK Install: CITY OF LUBBOCK ACCOUNTING COMMUNITY CTR-SENIOR 1625 13TH 5T CC# 5225) CITIZENS LUBBOCK. TX 79401.3830 2001 19TH 5T LUBBOCK, TX 79401.4605 Stale or Local Government Negoliated Contract : 072535000 1. 5945APT (WORKCENTRE 5945) 3 Hole Punch Kit 1 Line Fax Off Finisher 50sheet Customer Ed Analyst Services Lease Term: 48 months Purchase Option. HMV ne Fox - Xerox WC5150 SIN VXX066839 I 1W13/2014 Trade -In as of Payment 34 0 1 5 7 4 9 3 0 1 0 0 6 0 2 3 0 134 Lease Agreement. BillTo. CITY OF LUBBOCK Instals LUBBOCK CITY OF ACCOUNTING COMMUNITY CTR-SIMMON 162513TH ST CC# 5225 LUBBOCK. TX 79401.3830 2302 OAK AVE LUBBOCK, TX 79404.1200 Stale or Local Govemmeot Negoliated Conlrael ; 072535000 1. 5945APT (WORKCENTRE 5945) 3 Hale Punch Kit 1 Line Fax 011 Finisher 50sheel Cuslamer Ed Analyst Services Lease Term: 48 months Purchase Option: FMV - Xerox WC5150 SIN VXX066B47 I 10/1312014 Trade -In as of Payment 34 0 1 5 7 4 9 3 0 1 0 0 7 0 2 3 0 aiiiu: CITY OF LUBBOCK Install: CITY OF LUBBOCK ACCOUNTING COMMUNITY CTR-TREJO 162513TH ST C04 5225 LUBBOCK, TX 79401.383{1 3200 WHERST 5T LUBBOCK, TX 79415 Stal© or Local Government Negotiated Contract :072535000 1. 5945APT (WOMENTRE 5945) 3 Hole Punch Kit 1 Line Fax Off Finisher 50sheet Customer Ed Analyst Services Lease Term: 48 mariths Purchase Option: FMV x1a r"m Xerox WC5150 S1N VXX066819 I 10/1312014 Trade -In as of Payment 34 0 1 5 7 4 9 3 0 1 0 0 8 0 2 3 0 Biffo. CITY OF LUBBOCK install. CITY OF LUBBOCK ACCOUNTING LP&L-BUSINESS OFC_1 1625 T3TH 5T CC» 7514 WSBOCK, TX 79401.3830 1301 BROADWAY FL i LUBBOCK. TX 79401.3278 State or Local Govemmenl Negoiialoo Gontract 07253SON 1. 5945APT (WORIiCENTRE 5945) 3 Hale Punch Kit 1 Line Fax Off Finisher 50sheei Customer Ed Analyst Services Lease Term: 48 months Purchase Oplian: FMV xe rox � - Xerox WC5150 SIN VXX066835 Trade -In as of Payment 35 TION. All fights reserved. 10113/2014 Page 9 of 23 0 1 5 7 4 9 3 0 1 0 0 9 0 2 3 0 BMTo CITY OF LUBBOCK tnstali CITY OF LUBBOCK ACCOUNTING LPR MAINT (COOKE) 1625 13TH 5T CC+" 7313 LUBBOCK, TX 79401-3830 3500 E SLATON RD LUBBOCK, TX 79404 Slate or Local Govemment Negotiated Contract: 072535000 1. 5945APT (WORREIUTRE 5945) 3 dole Punch Kit 1 Line Fax Off Finisher 50sheet Customer Ed Analyst Services Lease Term; 48 months Purchase Option: FMV ve roil y - Xerax WC5150 S1N VXX066972 I 1011312014 Trade -In as of Payment 34 0 1 5 7 4 9 3 0 1 0 1 0 0 2 3 0 BillTo: CITY OF LUBBOCK InslaH: CITY OF LUBBOCK ACCOUNTING MUN CRT-FRNT/CC3211 162513TH ST A0611NISTRATION-FRONT LUMOCK, Tx 79401.3830 915 AVENUE J LUBBOCK, TX 79401.2718 Slate or Leal Government Negotiated Conlract : 072535000 1. 6945APT (WORKCENTRE 5945) 3 Hole Punch Kit 1 Line Fax Ofl Finisher 50sheet Customer Ed Analyst Services 1.5945APT 1 $163,85 Total 1 $163.85 Lease Term: 48 months Purchase Option; FMV Xre Fox - Xerox WC5150 SIN VXXOG6840 Trade-in as of Payment 35 is BW I All Prints $0.0051 I Consumable Supplies Included for all prints {+ Pricing Fixed for Term Minimum Payments (Excluding Applicable Taxes) 10/1312014 NS N63923 09/19 014 14:16:53 Confidential - CopyrlghtO 2008 XEROX CORPORATION. All rights reserved. Page 11 of 23 0 1 5 7 4 9 3 0 1 0 1 1 0 2 3 0 Lease Agreement Biffoa CITY OF LUBBOCK Inslall CITY OF LUBBOCK ACCOUNTING MUN CRT-BACKICCg3211 1625 13TH ST ADN11NISTRATION•BACK LUSBOCK, TX 79401.3530 915 AVENUE J LUBBOCK, TX 79401.2718 Stale or Local Government Negolialed Conlracl : 072535DC0 1. 5945APT {WORKCENTRE 5945) 3 Hole Punch Kii 1 Line Fax Off Finisher 54sheet Customer Ed Analyst Services Lease Taw 48 months Purchase Option: FMV Xe Fox Xerox WC515D SIN VXX066820 Trade -In as of Payment 35 10113/2014 WS N63923 09I19+2014 14:16.53 Confidsnlial. CopyrighM�2008 XEROX CORPORATION. All rights reserved. Page 12c123 0 1 5 7 4 9 3 0 1 0 1 2 0 2 3 0 BiJITO: CITY OF LUBBOCK Install: CITY OF LUBBOCK ACCOUNTING PIPELINE & MAINT. 1625 13TH ST CC# 6331 LUBBOCK, TX 79401.3830 600 MUNICIPAL DR LUBBOCK. TX 79403.1324 Biala or Local Government Negotiated Conlrad : 072535000 1. 5945APT (WORKCENTRE 5945) 3 Hole Punch Kit 1 Line. Fax Off Finisher 50sheet Customer Ed Analyst Services Lease Term: 48 months Pumhase Option; FMV xe rox � Xerox WC6150 5!N VXX067019 I 10/13/2014 Trade -In as of Payment 34 0 1 5 7 4 9 3 0 1 0 1 3 0 2 3 0 !fie r f BlIITo: CITY OF LUBBOCK Install: CITY OF LUBBOCK ACCOUNTING POLICE - RECORDS 1625 13TH ST CC95715 LUBBOCK, TX 79401.3830 916 TEXAS AVE LlJ6BCCK, TX 79401.2726 State or Local Government Negotiated Contract : 072515000 1. 5945APT (WORKCENTRE 5945) - 3 Hale Punch Kit Lease Term: 48 months Xerox WC5150 Si VXX067012 • 1 Line Fax Purchase Option: FMV Trade-in as of Payment 35 Off Finisher 50sheet Customer Ed Analyst Services Item Lease Pilint Charges Maintenance Plan Features 1, 5945APT S163.85 1: BW All Prints $0.0051 Consumable Supplies Included for all prints Pricing Fixed for Term Total $163.85 Minimum Payments Excluding Applicable Taxes) 10/1312014 14 of 23 0 1 5 7 4 9 3 0 1 0 1 4 0 2 3 0 L61 "i 0A 9-mew0 - BmTo. CITY OF LU98OCK instau CITY OF LUBBOCK ACCOUNTING MUSEUM -SILENT WINGS 1625 13TH 5T CC-' 5245 LUBBOCK. TX 7940t-3830 OLD LUBBOCK AIRPORT LUBBOCK, TX 794D3 State or Local Government Negoliated Conlract 072535M 1. 5945APT (WORRENTRE 5945) 3 Hole Punch Kit 1 Line Fax Off Finisher 50sheel Customer Ed Analyst Services Lease Term: 48 months Purchase Option: FMV e rox - Xerox W05150 SIN VXX067013 I 10/13/2014 Trade-ln as of Payment 34 0 1 5 7 4 9 3 0 1 0 1 5 0 2 3 0 BATo. CITY OF LUBBOCK install. CITY OF LUBBOCK ACCOUNTING SOLID WASTE- 1525 13TH ST CC= 551 it COWNSTAlRS LUBBOCK. TX 79401.3630 208 MUNICIPAL DR LUBBOCK. TX 79403.3500 State or Local Government Negotiated Contract ; 072535000 1. 5945APT (WOMENTRE 5945) 3 Hole Punch flit 1 Line Fax Off Finisher 50sheet Customer Ed Analyst Services Lease Term: 48 months Purchase Option: FMV xe fox - Xerox WC5150 SIN VXX089213 10/1312014 Trade-in as of Payment 31 0 1 5 7 4 9 3 0 1 0 1 6 0 2 3 0 Billio. CITY OF LUBBOCK Insiall: CITY OF LUBBOCK ACCOUNTING VITAL STATISTICS 1625 13TH ST CCO 1211 LUBBOCK, TX 79401.0830 1625 13TH STSTF 102 LUBBOCK, TX 79401.3830 State or Local Govemmem Negotiated Conlract : 072535000 1. 5945APT (WORKCENTRE 5945) 3 Hole Punch Kit -1 Line Fax Off Finisher 50sheet Customer Ed Analyst Services Lease Term: 48 months Purchase Option. FMV FOX - Xerox WC5150 SIN VXX066821 I 10/1312014 Trade -In as of Payment 35 0 1 5 7 4 9 3 0 1 0 1 7 0 2 3 0 WIY4.1_ji�i"fit[*e- =rAp Bd1To. CITY OF LUBBOCK Instan. CITY OF LUBBOCK ACCOUNTING WATER RECLAMATION- 1625 13TH ST CC# 64191 LAB LUBBOCK, TX 79401.3830 3603 GUAVA AVE LUBBOCK, TX 79403 State or Loea1 Government Negotiated Contract � 072535000 1.5945APT @VORKCENTRE 5945) 3 Hole Punch Kit 1 Line Fax Off Finisher 50sheet Customer Ed Analyst Services Xel FOX Bob, Lease Term: 48 months I - Xerox WC5150 SIN VXX066818 I 10!13.12014 Purchase 0 rion, FMV Trade -In as of Payment 34 WS N63923 09119i=4 14 16 54 Confidential - Cop}righ! 2908 XEROX CORPORATION- All rights reserved. Page 18 0123 0 1 5 7 4 9 3❑ 1 0 1 8 0 2 3 0 4�j- lrME rr=L-] 1.-11-) -0 BdITo_ CITY OF LUBBOCK Install: CITY OF LU13BOCK ACCOUNTING WATER TRTMT-UPSTAIRS 1625 13TH ST 6341116343:6345+6347 LUBBOCK, TX 79401-3830 6001 N GUAVA LUBBOCK, TX 79403-6803 Slate or Local Government Negotiated Contract: 072a35000 11- 5945APT (WORKCENTRE 5945) - 3 Hole Punch Kit 1 Line Fax - Oit Finisher 50sheet - Custcmer Ed - Analyst Services Lease Term: 43 months I - Xerox 5855APT I-1 N EX7413143 � 1011312014 Purchase Option; FMV it Trade -In as of Payment 3 VVS N63923 09A 912014 14-.M54 Confidential - GopyrightO 2008 XEROX CORPORATION- A11 rights reserved. 0 1 5 7 4 9 3 0 1 0 1 9 0 2 3 0 Biliio: CITY OF LUBBOCK Inslali: CITY OF LUBBOCK ACCOUNTING 311 CALL CENTER 1625 13TH ST CC4 3409 LUBBOCK, TX 79401.3630 1625 13TH ST &SMT LUBBOCK. TX 79401.3830 Stale or Local Government Negotiated Contract: 07253SON I.5945APT (WORRCENTRE 5945) 3 Hale Punch Kit - 1 Line Fax Off Finisher 50sheel Customer Ed Analyst Services Lease Term; 48 months Purchase Option: FMV me rox Xerox WC5150 S1N VXX066848 10113/2014 Trade-in as of Payment 35 0 1 5 7 4 9 3❑ 1 0 2 0 0 2 3 0 Biifro CITY OF LUBBOCK Install. CITY OF LUBBOCK ACCOUNTING POLICE ADM. 2ND FLR 1625 13TH ST CC #5735 LUBBOCK, TX 79401.3830 916 TEXAS AVE LUBBOCK. TX 794G1 2726 Stato or Local Govemment Negamed Contract : 072535000 1. 5945APT (WORKCENTRE 5945) 3 Hole Punch Kit 1 Line Fax Olf Finisher 50sheet Customer Ed Analyst Services Lease Term: 48 months Purchase Option: FKIV Xerox WC5150 SIN VXX093123 I 10/1312014 Trade -In as of Payment 26 Page 21 of 23 0 1 5 7 4 9 3 0 1 0 2 1 0 2 3 0 BIIITD. CITY OF LUBBOCK Install: LUBBOCK, CITY OF ACCOUNTING 80616TH ST 1625 13TH ST LUBBOCK. TX 79401 LUBBOCK, TX 79401.3830 Slate or Local Government Negotiated Contract : 072635000 Soiu—tlon— Product Oescription Item Agreement Information 1. 5945APT (WORKCENTRE 5945) 3 Hole Punch Kit Lease Term: 48 months I Line Fax Purchase Option: FMV C(I Finisher 50sheet Customer Ed Analyst Services XE OX Xerox WC5150 S)N VXX094947 I 10113.'2014 Trade -In as of Payment 23 0 1 5 7 4 9 3 0 1 0 2 2 0 2 3 0 Wtl Customer. LUBBOCK, CITY OF OMTo: CITY OF LUBBOCK lnslau: CITY OF LUBBOCK INFO TECH AVIATION, OPERATIONS 1511 10TH 5T BLVD FL 2J CCa 4616 PO BOX 2000 5401 MARTIN L ICING LUBBOCK, TX 79408.2000 LUBBOCK, TX 79404 State or Local Government Negotiated Contract :072535000 E rr-ARit. _rq .li it _ { {__..,t t�xtt�337zu;1rliii>^iCi�a1. .. 1. 5945APT (WORKCENTRE 5945) 3 Hole Punch Kit Lease Term: 48 months 1 Line Fax Purchase Option: FMV Off Finisher 50sheet Customer Ed Analyst Services 1?,ti ihrr iiiilf iYJ'r]_i'•sri 1, 5945APT $168.27 Total $166.27 Irrl=li�r1ri�prT'r:''rs':I 1:1:1i}:Irfi:ll�f��_l 1: BW I All Prints ! $0.0051 Minimum Payrnants (Exetuding Applicable Taxes) I'.I{rtilIltt!�7�k .: Xerox WC5150 SIN VXX088847 1011312D14 Trade -In as of Payment 34 IifIlilr�ikFt��l7#F�ilr�-tll+tt):-i , Consumable Supplies Included for all prints Pricing Fixed for Term The parties agree to the terms oFAtlachment "A" and Attachment "B" attached hereto and incorporated by reference. CITY OF LUBEPgK A Texas Horn e By: Q en C. Robertson Its: Mayor Date: , 2014 At st: RebecekGarza, City Secretary a Approved as to Content: ��" Mark Yearwood, Chief friformat1hp Dffr r Assistant City Manager Xerox Representative By: Its: Date: y _ _, 2014 Approved as to Fo Mitch Satterwhite, trst Assista ty Attome WS N63923 0911Mo14 14:16:55 Confidential - GopyrighM 2008 XEROX CORPORATION. All rights reserved. Page 1 of 0 1 5 7 4 9 3 0 1 0 0 1 0 0 5 0 x rox i��' Biffov CITY OF LUBBOCK lnstali. CITY OF LUBBOCK INFO TECH LP&L aiSPATCH 1611 10TH ST CC# 7415 PO BOX 2000 404 NIUNICIPAL 0R LUBBOCK, TX 79408.2000 LUBBOCK. TX 79403.3110 State or Local Government Negolialed Contract/072535000 1. 5945APT (WORKCENTRE 5945) - 3 Hole Punch Kit Lease Term: 48 months Xerox WC5150 S1N VXX067018 1011312014 -1 Line Fax Purchase Option: FMV Trade -In as of Payment 34 Off Finisher 50sheet Customer Ed Analyst Services ChargesItem Lease Print Minimum Paymem Wier Volume Band Per Print Raw I. 5945APT $166.27 1: BW All Prinls I 50.0051 - Cansurnable Supplies Included for all prints Pricing Pixed for Term Total $166.27 Minimum Payments (Excluding Applicable Taxes) WS N63923 09/19/2014 14716:55 Confident 0 1 5 7 4 9 3 0 1 0 0 2 0 0 5 0 TiON. Ail rights reserved. Page 2 of 5 Lease Agreement ©iffo: CITY OF LUBBOCK install: CITY OF LUBBOCK INFO TECH WATER RECLAMATION- 1611 10TH 5T CC4 64111 ADM IN PO BOX 2000 3603 GUAVA AVE LUBBOCK. TX 79408.2000 LUBBOCK. TX 79403 Stale or Local Government Negotpated Contract : 072535000 Solution Product Description Item Arreement In(ormation 1. 5945APT (WORKCENTRE 5945) 3 Hole Punch Kit Lease Term; 48 months I Line Fax Purchase Option: FMV Off Finisher 50sheel Customer Ed Analyst Services x[ rox Xerox WG5150 SIN VXX066854 I 1013/2014 Trade-ln as of Payment 35 0 1 5 7 4 9 3 0 1 0 0 3 0 0 5 0 SiFo CITY OF LUBBOCK lnstatl: CITY OF LUBBOCK INFO TECH LP&L ELEC. DIST. 1611 1OTH 5T CC-, 7411 PC BOX 2000 404 MUNICIPAL DR LUBBOCK, TX 79408.2000 LUBBOCK, TX 79403-3110 Slate or Lml Govemmenl Negotiated Centracl : 07253500D 1. 5945APT (WORKGENTRE 5945) 3 Hole Punch Kit • 1 Line Fax Off Finisher 50sheel Customer Ed Analyse Services xer - ""P.4 - Lease Term: 48 months { Xerox WC5150 SIN VXX066844 Purchase Option: FMV Ij Trade -In as at Payment 34 T1ON. R1I rights resen•ed 1011W2014 Page 4 of 5 0 1 5 7 4 9 3 0 1 0 0 4 0 0 5 0 INTRODUCTION: 1. NEGOTIATED CONTRACT. The Products are subject solely to the terms in the Negotiated Contract identified on the face of this Agreement, and, for any option you have selected that is not addressed in the Negotiated Contract, the then -current standard Xerox terms for such option GOVERNMENTTERMS: 2. REPRESENTATIDNS & WARRANTIES. This provision is applicable to governmental entities only. You represent and warrant, as at the date of this Agreement, that. (1) ycu are a Sta+.e or a fully constituted pol ticaI subdivision or agency of the State 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 be delivered in connection with this Agroemenl (collectively, the 'Documents'): 12) the Documents have been duly allthoffzod, executed and delivered by you in accordance with all applicable lays. rules, ordinances and regulations (including all applicable lays governing open meetings, public bidding and appropriations requited in connection will) this Agreement and the acquisition of the Products) and are valid, legal, binding agreements, enforceable in accordance wilh their terms. (3) the perscin(s) signing the Documents have the authority to do so. are acting with the full aulhorizatrnn of your governing body and hold the offices indicated below their signatures, each of which are genuine• (4) the Products are essential to the immediate performance of a governmental or proprietary Iundion by you v:ithrn the scope of your authGirl y and will be used during the Term only by you and only to perform such Iunclion; and (5) your payment obligations under this Agreement constitute a cunenl expense and not a dabs under applicable state taw and no provision of this Agreement conslilules a pledge of your tax or general revenues• and any provision that is so construed by a court of compelent jurisdiction is void from the inception of this Agreement- 3. FUNDING. This provision is applicable to governmental entities 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 wilhiri an unrestricted and unencumbered appropriation currenity available lot the Products. and it is your intent to use the Products for the entire term of this Agreement and make all payments required under this Agreement. II your legislative body does not appropriate funds for the continuation of this Agreement lot any fiscal year alter the first fiscal year and has no funds to do so from other sources, this Agreement may be terminated. To effect Ibis termination, you roust, at least 3Q days prior to the beginning of the liscal year for which your legislative body does not approprinto funds, notify Xerox in writing that your legislative body failed to appropriate funds. Your notice must be accompanied by payment of alt sums then awed Ihfough the current fiscal year under this Agroomonl- You will return the Equipment, at your expense, to a location designaled by Xerox and. when relurned, the Equipment will be to in good condition and free of all liens and Xe ro ° ill encumbrances. You will then be released from any further payment obligations beyond those payments due for The currant fiscal year {with Xerox retaining all sums paid to date) - PRICING PLAWOFFERING SELECTED: 4. FIXED PRICING. II 'Pricing Fixed for Term' is identified in Maintenance Plan Features, the rnainlanance component of the Minimum Payment and Print Charges urilf not increase during The initial Term ❑t this Agreement. S. REFINANCE. The 'Amount Refinanced' is included in the amount financed under this Agreement fl the Amount Refinanced is under an agreemenl with a third party. you acknowledge you have the right to fsrminate the agreement and you will preside Xerox with a statement from the third party identifying the equipment at issue, the amount to be paid off and the payee's name and mailing address If the Amount Refinanced is under an agreement with Xerox, the refinancing Km render your prior agreement null and void. if you breach any of your obligations under this Agreement, the lull Amount Rehnanced will be rmmedialoty due and payable. GENERAL TERMS 6 CONDITIONS: 6. REMOTE SERVICES. Certain models of Equipment are supported and serviced using data that is automatically collected by Xerox or transmitted to or from Xerox by the Equipment connected to Customer's network ('Remofe Data') via electronic transmission to a secure elf-sile location ('Remale Data Access')- Remole Data Access also enables Xerox to transmit to Customer Releases for Sollware and to remotely diagnose and modily Equ;pment to repair and correct malfunctions. Examples of Remote Oala include product registration. meter read, supply level. Equipment configuration and settings, software version, and problerri4ault code data Remote Data may be used by Xerox lot billing• report generation, supplies replenishment, support services, recommending additional products and services, and product improvementrdevelopment purposes Remote Data will be transmitted to and from Customer in a secure manner sponited by Xerox. Remole Dala Access will not allow Xerox to read, vtew or download the conlenl of any Customer documents or other information residing on or passing through the Equipment or Cuslomer's information management systems. Customer grants the right to Xerox, without charge, la conduct Remote Data Access for the purposes described above. Upon Xerox s requesl. Customer will provide contact information for Equipment sub as name and address of Customer Contact and IF and physical addresses.r[ocatians of Equipmenl. Customer will enable Romota Data Access via a melhod prescribed by Xerox, and Customer will provide reasonable assistance to anew Xerox to provide Remote Data Access. Unless Xerox deems Equipment incapable of Remole Data Access, Customer will ensure that Remote Oaia Access is maintained at all times Maintenance Services are being performed. WS N63923 09119.2014 14.16:56 Confidential - CcpyMghV, 2008 X 0 1 5 7 4 9 3 0 1 0 0 5 0 0 5 1 rights reserle1 Attachment B 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 agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE(S) HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, 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 type(s) and amount(s): TYPE AMOUNT General Liability Commercial General Liability $1,000,000 General Aggregate Automotive Liability Combined Single Limit $1,000,000 Any Auto Workers Compensation Statutory Amounts The City of Lubbock shall be named additional insured on Auto/General Liability on a primary and non- contributory basis with a waiver of subrogation In favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the WORK ORDER number for which 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 policy 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, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(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 insured, (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 change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation 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. E All copies of the Certificates of Insurance shall reference the project name or proposal number for which the insurance is being supplied. NOTICES The Contractor shall notify 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 Purchasing & Contract Management City of Lubbock 1625 13th 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.