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HomeMy WebLinkAboutResolution - 2019-R0389 - Benchmark Business Solutions - 10/22/2019 Resolution No. 2019-R0389 Item No. 6.11 October 22, 2019 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, Service Contract No. 14956 for Printers for the Print Shop as per TIPS Contract No. 180103, by and between the City of Lubbock and Benchmark BUSnicss Solutions, of Lubbock, Texas, and related documents. Said Contract 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 October 222019 L&:::�: DANIEL M. POPE, AYOR ATTEST: Reb cca Garza, City Secreta y APPROVED AS TO CONTENT: D. Blu Kostelich, Chief Financial Officer APPROVED AS TO FORM: 11i Leisure, Assistant City Attorney ccdocs/RES.Contract 14956—Benchmark Business Solutions per TIPS Contract 180103 October 4,2019 Resolution No. 2019-RO389 Cost Per Copy Agreement O +, C Benchmark m A Visual Edge Tochnology Company LEASE AGREEMENT NUMBER:1497559 m O 7TREETADDRESS EGAL NAME:OF CUSTOMER j r of Lubbock i x Cn 0 162513th St o CITY.STATE.ZIP PHONE FAX ? Lubbock, TX 79401-3830 806-775-3000 X BILLING NAME IF DIFFERENT FROM ABOVE BILLING STREET ADDRESS D> City of Lubbock P.O.BOX 2000 0 0 CITY.STATE,ZIP FEDERAL TAX 1.D.1; O LUBBOCK,TX 79457 z D EQUIPMENT LOCATION(IF DIFFERENT FROM ABOVE) '- ltv of Lubbock,Print Shop,1314 Ave K Lubbock,TX 79401 0 T • ! • SEE ATTACHED SCHEDULE ? CONTRACT USAGE PER m NOT BEGINNING METER MONTHLY IMAGE IMAGE CHARGE r FINANCED READING ALLOWANCE PLUS TAX TYPE,MAKE,MODEL NUMBER,SERIAL NUMBER. UNDER THIS m AND INCLUDED ACCESSORIES AGREEMENT B&W COLOR 8&W COLOR 8&W COLOR Cn ❑ O ❑ n ❑ m TOTAL CONSOLIDATED MONTHLY IMAGE ALLOWANCE AND CONTRACT USAGE PER IMAGE CHARGES r v IF CONSOLIDATED D METERFREQUENCY: Monthly m m 0 0 ERM IN MONTHS:60 MONTHLY BASE PAYMENT AMOUNT':$4,568.03 _ '(PLUS APPLICABLE TAXES) C _ z PAYMENT PERIOD IS MONTHLY UNLESS OTHERWISE m RIGINATION FEE':$125.00 INDICATED TIPS CONTRACT N:180103 ro D 0 davs deferred 1 • ! • • -• OMONOMER&" • • c� 1.Definitions.The words"you"and"your"mean the legal entity identified in"Customer Information"above,and"we,"us"and"our"means Benchmark Business Solutions Inc. D Party'means you or us,and"Parties"means both you and us."UCC'means the Uniform Commercial Code."Equipment"means the items identified In the Item Description r ectlon above and in any attached Equipment Schedule."Lease"means this Cost Per Copy Agreement"Lease Payment'means the Monthly Lease Payment specified above. .Inception Date"will be the date the Equipment is delivered to you or any later date we designate. if we designate a later Inception Date,you agree to pay us an additional amount qual to the periodic payments due under this Agreement prorated for the period between the date the Equipment is delivered to you and the Inception Date. i O CUSTOMERO Z Y YOUR SIGNATURE BELOW,YOU ACKNOWLEDGE THAT YOU ARE EryTE ING INTO A NON-CANCELLABLE LEASE AND THAT YOU HAVE READ AND AGREE TO ALL TERM N %ND CONDITIONS SET FORTH ON PAGES 1 AND 2 OF THIS TWO-PAGE 4EASA d ZZ[ZO m it of Lubbock aniel M.Pope, Mayor u CUSTOMER SIGNATURE PRINT NAME&TITLE DATE D • / M M ;Benc;hmark y certifies that all the Equipment:1)has been received,installed,and inspected,and 2)is fully operational and unconditionally accepted. NAME AND TITLE: DATE: m m usiness Soil tions - m LESSOR 114SIGNATURF PRINTNAME&TiTLE DA p m 1607 Broadway,Lubbock,TX 79401 < r The Partie ee to 11 terms of Exhibit A, d C alt ched hereto and incorporated herein by reference ch O Attest: Approved as to Con Vnt- ou Reber a,City Secret �� Marta Alvarez,DirectContract Management 161 Approved as to _ Kell!Leisure,Assistant Cit A tomey r (1497559)018981-VEP03A(RQ_1018 10/12/2018 PAGE 1 OF 2 230 C ADDITIONAL TERMS AND CP' NDITIONS 2.Lease.Pavmanls.fazes and Lalg Pa ants-You a fee end represent all Equipment vias selected b p y judgment y p y Equipment. y g yin g py you based upon our own ud ment and ou want us to provide you the E ul ment.and you agree 3 to lease the same from us.Yov ogre.to pay us each Lease Payment and all other amounts that become due and payable under this Lease.The first Lease Payment is due the 20th of the fallowing month after M installation and each subsequent Lease Payment is due on the same date each month thereafter,whether or not we invoice you.If any payment is not paid in full by five(5)days after its due date,you will pay ;q a late charge of the greatest of ten percent(10%)of the amount due or$26.00,not to exceed the maximum amount permitted by law.For each dishonored or rolvrnad payment Instrument,you will he rn assessed the applicable returned item fee,which shall not exceed 535.Roshiclive covenants on any payment instrument will not reduce your obligations at affect our rights.You will pay whan duo,either O directly or by reimbursing us,all taxes and fees relating to the Equipmonl and airs Agreement.Sales or use lax due upfront will be payable over the term with a finance charge. t.7 3.Molar Readings,Imago charges,and Annual Adiuslmants.Each month during the term of this Agreement,you are entitled to make the total number of images shown under Image Allowance far ToWI z Consolidated Image Allowance,if appllcable)each period during the term of this Agreement.If you make more than the allowed images in any period,you will pay us an additional amount equal to the number of the excess images made during such period multiplied by the applicable Contract Usage Per Image Charge.Regardless of the number of images made in any period,you will never pay less than[the Base Payment Amount.You agree to provide us with the actual meler readings on any business day as designated by us,provided that we may estimate the number of images used if such rioter readings are not = received within rive days after being requested.We will adjust the estimated charge for excess images upon receipt of actual motor readings.You agree that the Base Payment Amount and the Contract Usage Per Image Charges may be proportionately increased at any time if our estimated average page coverage is exceeded.After the end of the first year of this Agreement and not more than once each successive twelve-month period thereafter,the Base Payment Amount and the Contract Usage Per Image Charges(and,at our election,the Base Payment Amount and Contract Usage Per Image Charges under any O subsequent agreements between you and us that incorporate the terms hereof)may be increased by a maximum of 10%of the then existing payment or charge. Images made on equipment marked as not O C financed under This Agreemenl will be included in determining your Image and average charges. z 4.Equipment and Software.Equipment may contain or have software delivered with it,You agree that as to software only that(a)you will execute a separate license agreement with a Third party for such Tn software,(b)we do not own the software and cannot transfer any interest in it to you,and(c)we have no responsibility whatsoever for any such software or license agroonlent under[his Lease.You agree the Equipment(including software)is for your business use in the United Slates(including its possessions and territories),will not be used for personal,household or family purposes and is not being acquired for D resale.You vrill not attach the Equipment as a fixture to real estate or make any permanent alterations to It. 5-Non-Cancollablo Lease.THIS LEASE CANNOT BE CANCELLED OR TERMINATED.YOUR OBLIGATION TO MAKE ALL PAYMENTS,AND TO PAY ALL OTHER AMOUNTS DUE OR TO BECOME O DUE,IS ABSOLUTE AND UNCONDITIONAL AND NOT SUBJECT TO DELAY, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM OR RECOUPMENT FOR ANY REASON WHATSOEVER, X IRRESPECTIVE OF THE PERFORMANCE OF ANY THIRD PARTY OR US, O 6.Lease Tom,The Initial Term,which is indicated above or identified in any attached Equipment Schedule,commences an Ilia Incoption Dale. y r 7.End of Lease Options-Al the end of the Initial Term,or any renewal term(the"End Dale'),this Lease will renew for successive month-to-month terms,unless you a)provide at least sixty(60)buI no more O than one hundred twenty(120)days'prior written notico to us of your intent to return the Equipment(Including software)and b)you return the Equipment,at your expense,to a location we specify.You cannot -1`1 pay off this Agreement or return the Equipment prior to the End Cale without our consent.If we consent,we may charge you,in addition to other amounts owed,an party termination fee equal to 5%of[he —1 amount vie paid for the Equipment. _ co 8.Epuioment Delivery and Maintenance.Equipment(including software)will be delivered to you at the location specified above or in an Equipment Schedula.Equipment(including software)may not be m moved to another location wllhoul first obtaining our written consent.You shall permit us to inspact Equipment and any maintenance records relating thereto during your normal business hours.You are Y responsible for keeping the Equipment In good working order,and you have entered into a separate mainlenance agroomant with us to fullill that obligation.Payments under the Agreement may include cn amounts owed under that agreement,which amounts may be invoiced as one payment for your convenience.We may charge you a Monthly Supply Freight Fee to cover our casts of shipping supplies to you. 111 9.Eauipment Return.If the Equipment(including software)Is returned to us•it shall be in the same condition as when delivered to you(normal wear and tear excepted)and,if not in such condition,you will he CA liable for all expenses we incur to return the Equipment to such condition.You aro solely responsible for protecting and removing any confidential datalmages stored on the Equipment prior to its relvrn for any z O reason. -A 10.Equipment Ownership Labeling and UCC Filino.If and to the extent that this Lease is deomad a security agreement under Ilia UCC,and otherwise for precautionary purpose only,you grant us a first n priority security interest in your interest in the Equipment(Including software)and all proceeds thereof in order to secure your performance of this Lease.We are and shall remain the sole miner of the Equipment.You agree to keep the Equipment(including software)free from any liens or encumbrances and to notify us if[here Is a change in Ilia jurisdiction of your organization.We may label the Equipment I to identify our ownership interest in it.You authorize us to file by any permissible means a UCC financing statement to show,and to do all other acts to protect.our interest in the Equipment.You agree to pay M any fling fees and administrative costs for the fling of such financing 51alements. 11.Assignment,YOU MAY NOT ASSIGN,SELL,PLEDGE,TRANSFER,SUBLET OR PART WITH POSSESSION OF THE EQUIPMENT(INCLUDING SOFTWARE),THIS LEASE OR ANY OF YOUR ,D9 RIGHTS OR OBLIGATIONS UNDER THIS LEASE(COLLECTIVELY'ASSIGNMENT")WITHOUT OUR PRIOR WRITTEN CONSENT.If we agree to an Assignment,you agree to pay the applicable fn assignment fee and reimburse us for any costs we incur in connection with that Assignment without notice to you.Wo may sell•assign or transfer all or any part of the Equipment,this Lease and/or any of our �7 rights or obtigallons under this Lease.Our assignee will have the same rights that we have(lo the extent assigned),but none of our obligations,and you agree not to assert against such assignee any claims, defenses,counterclaims,recoupments,or set-offs that YOU may have against us.You agree and acknowledge that any Assignment by us will not materially change your obligations under this Lease. _ M 12.Equipment Warranty Information and Disclaimers.EXCEPT TO THE EXTENT THAT WE HAVE PROVIDED YOU A WARRANTY IN WRITING,WITH RESPECT TO EQUIPMENT(INCLUDING 0 SOFTWARE).WE DISCLAIM.AND YOU WAIVE.ALL WARRANTIES.WHETHER EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY, O NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE,AND WE MAKE NO REPRESENTATIONS OF ANY KIND OR TYPE,INCLUDING,BUT NOT LIMITED TO,ITS SUITABILIIY, C FUNCTIONALITY,DURABILITY,OR CONDITION.We hereby assign to you any warranty righls given to us with respect to Ilia Equipment and,if the Equipment Is returned to us,such rights are deemed z 1 reassigned by you to us. M 13.Default and Remedios.You will be in default under this Lease if(1)we do not receive any payment wilhln ten(10)days after the date It is due,or(2)you breach any other obligation in this Lease or any D other agreement with us.If you default,we may.in addition la other remedies,require you to promptly velum the Equipment(Including software)to a location we specify,at your expanse,and require ;10 Immediate payment,as liquidated damages for foss of bargain and not as penally,of.(a)all amounts than due,plus interest from the due date until paid at the rate of ono and one-half percent(1.5%)per --I month;(b)Ilia sum of all Lease Payments remaining in[he Initial Term(less the fixed maintenance component thereof as reflected on our books and records)and(c)Taxes.If you do not return the Equipment 0 as required above,you agree to pay us lite than determined fair market value(hereof as of the end of the Initial Term.You agree to pay all casts,including attorneys'fees and disbursements,incurred by us to .1 enforce this Lease. a 14.Risk of Loss and Insurance,You assume and agree to bear the entire risk of loss,the R•destruction or other Impairment of the Equipment(including software)upon delivery.You agree to maintain z commercial general liability insurance acceptable to us.You shall,at your expense,(a)keep the Equipment insured against loss or damage for a minimum of its full replacement value under a comprehensive r policy of insurance or other equipment replacement coverage with an insurance carrier of your choice,which coverage and carrier is satisfactory Io us,(b)name us as a loss payee under such policy.and(c) provide proof of insurance satisfactory to us within thirty(30)days after you execute this Lease.If you fail to maintain properly loss insurance satisfactory to us andlor you fail to timely provide proof of such = insurance,we have the option,but not the obligation,to secure property loss insurance on the Equipment from a carrier of our choosing In such forms and amounts as we deem reasonable to protect our 0 interests.If we secure insurance on the Equipment,we wall not name you as an insured party,your inloresls may no(be fully protected,and you will reimburse us lie premium which may be higher than the = Pro . you would pay if you obtained insurance,and which may result in a profit to us through an Investment in reinsurance.If you are current In all of your obligations under the Agreement at the time of 00 loss,any insurance proceeds received will be applied,at our option,to repair or replace the Equipment,or to pay us the remaining payments due or to become due under this Agreement,plus our booked Z residual,hath discounted at 3%per annum.No loss or damage to Equipment(including software),or our receipt of Insurance proceeds,shall relieve you of any of your obligations under this Lease. 1 15.Finance Lease and Customer Waivers,You and we agree this Lease is a'finance lease governed by UCC Article 2A.To the extent you are permitted by law,you waive(a)all rights and remedies under =i Article 2A(Sections 50B-522)of the UGC,and(b)any rights you now or later may have under any statute or otherwise which require us to sell,lease or otherwise use any Equipment to reduce our damages a including our realization of the remaining value of the Equipment,or which may otherwise limit or modify any of our rights or remedies. m 16.Authorization of$inner and Credal Review.You represent that you may lawfully enter into,and perform,[his Lease,that the individual signing this Lease on your behalf has all the necessary auDiority to O do so,and that all financial information you provide completely and accurately represents your financial condition.By having your authorized representative sign this Lease,you agree to furnish financial = information that we may request now and in Ilia future,including your lax identification number and you authorize us to obtain credit reports an you now and in Iho future. > 17.Original Document. The parties agree that the original hereof for enforcement and perfection purposes,and the sole"record'constituting'chattel paper"under Iho UCC,is the paper copy hereof hearing M (i)Iho original or a copy of either your manual signature or an electronically applied indication of your Intent to enter into[his Agreement,and(ii)our original manual signature.THIS LEASE MAY NOT BE r AMENDED OR SUPPLEMENTED EXCEPT IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF THE PARTIES AND NO PROVISIONS CAN BE WAIVED EXCEPT IN A D WRITING SIGNED BY US. 18.Jurisdiction Venue and JURY TRIAL WAIVER.This Lease shall be governed by the laws of the state In which our(of,if we assign this Agreement,or our assignee's)principle place of business is rn located. You agree that any suit relating to this Lease shall be brought only in a slate or federal court in such state. You irrevocably consent and submit to the jurisdiction of such courts,and you waive any Fn right to transfer of venue. Each party waives any right to a jury trial. _ 19.Miscellaneous.Notwithstanding any terms or conditions of any related The Interlocal Purchasing System(TIPS)agreemonlicontract,request for proposal(Or response thereto)or any other bid 1711 documentation(collectively,Ihe"RFP')to the contrary,the terms and conditions of this Lease constitutes the endo agreement botwoon the Parties as Io the subjects addressed herein,supersedes the RFP or any other prior agreements(including purchaso orders),and representations and warranties not included herein are not part of this Lease and are not binding on the Parties. Any reference to a TIPS Contract Do number or other RFP number on the Lease or any invoice is solely for your convenience in the administration of the Lease and is not in any way intended to alter the terms of the Lease.If a court finds any term -� of this Lease unenforceable,the remaining terms will remain in effect.The failure by either Party to exercise any right or remedy will not constitute a waiver of such right or remedy. r 111 0 m 0 (1497559)018981-VEP03A(RL)_1018 10/12/2018 PAGE 2 OF 2 230 0 C cn EQUIPMENT SCHEDULE O :s m rf` enc hf1f ark m A Visual Edge Tecllnulogy Company AGREEMENT NO.:1497559 X G7 • • ! Z D CONTRACT USAGE PER r NOT BEGINNING METER MONTHLY IMAGE IMAGE CHARGE(PLUS Z FINANCED READING ALLOWANCE TAX V, SERIAL UNDER THIS 0 MAKE MODEL NUMBER&INCLUDED ACCESSORIES NO. AGREEMENT B&W COLOR S&W COLOR B&W COLOR O z 2 Xerox D125 CopiedPrinter Production System&Fiery z Server ❑ .0046 m 1 Xerox Versant 180 Press Production System & Fiery ❑ a Server 0107 .0475 Large Meters ❑ 0054 0 Extra Long Meters ❑ 0475 z ❑ D r ❑ o ❑ r El m ❑ [ Elo ❑El n z ❑El D m ❑ _ IM ❑ c-) 0 ❑ z ❑ M M ❑ D ElO ❑ z Cl 2�{D ❑ r7 S ❑ O ❑ z rn ❑ ❑ C m m El ❑ 71 TOTAL CONSOLIDATED h50NTrILY Ih1AGE ALLOWANCc AND CONTRACT USAGE PER IMAGE CHARGES IF CONSOLIDATED M U The undersigned acknowledges having received a copy of this chedule A opy of this document containing your original or facsimile signature,or other M indication of your intent to agree to the terms set forth herein,s all bee orce le for all purposes. X Daniel M. Pope, Mayor dal 09 m Lubbock City of r CUSTOMER SIGNATURE PRINT NAME&TITLE GATE p CA r M rn Cn0 018981-VP0305A 0419 PAGE 1 OF 1 230 d cn 0 �C 0 W 0 m m x cn O z CO N GO l0 CF M W N H M ++ Ln N O LO v7 00 00 l0 M N Z o U ct N a 01 O O1 N M l0 C a O M 0 MCr M �cO N O H N r V y lD Il O lO lD l0 ' M H Ln N Nm N H r-1 —1 Vcu n � cp = Ci o U O a in in v� an m ak; z `r 1 o O M Ln LnD S L O 00 00 O d voa O (71N O cn C4 O O i U U G1 �! E O U a T 41 � C w m m N 00 m dm N x aL, co co Lo M rte-[ ON Q�1 La m cr-1 n V e=w r-i r-1 N 41 ri �-1 N Ln U m � U M} 0 U V � W¢ � z •cn to v} +n t� �n. <n to � O n; c) '`.'•,.'5 vii m m m Iq -1 q D CO M M� L h N N � lOD �, cJ• M tb Ln O1 N N r-1 Ln m r N' r-1 N 6J L C U m m x m 0 O O O c 0 0 --qU vmi p o p U Vr m lMO 01 W 000 pMp V m0 u R Q ¢ O O Z a r 3 � � S m cn ^ � M 00 M m 0 x m W 0 0 C 000 O O 01 > O U m � m O M cY N O U M O c H H cn Q Q 1 C -i m cn R7 N D E > Er-I Q r V) o n CL O 0b U _ F� IQ r-1 v' 0 x 1 N v •� fO { CL tO ^ r v o o si Ch LL LL J Q .0 O O .Z1 `J d .6 N u0J 0� He � LL LL LO Qq 41 LZLL Q m a Q Ln 0 0z 06 04 � �• L l!1 L(1 LL LL Q N LA 0 '84 3 N-1 -1 000 W 0 rc-•1 r{ .-i G U 0 0 > > o_ ❑ 0 > x Exhibit B 0 0 K M Cn A. The City reserves the right to exercise any right or remedy available to it by law, contract, 0 equity, or otherwise, including without limitation, the right to seek any and all forms of z relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised o concurrently. To the extent of any conflict between this provision and another provision C in, or related to, this document, this provision shall control. M 3� n B. All funds for payment by the City under this contract are subject to the availability of an 0 annual appropriation for this purpose by the City. In the event of non-appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under D the contract, the City will terminate the contract, without termination charge or other 0 liability, on the last day of the then-current fiscal year or when the appropriation made for = the then-current year for the goods or services covered by this contract is spent, whichever r event occurs First, if at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 30 days prior written notice, but m failure to give such notice shall be of no effect and the City shall not be obligated under o this contract beyond the date of termination. C. SB 252 prohibits the City fi-om entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or m service with Iran, Sudan or a foreign terrorist organization. m D. Section 2270.002, Government Code, (a)This section applies only to a contract that: (1) Is between a governmental entity and a company with 10 or more frill-time employees; M and (2) has a value of$100,400 or more that is to be paid wholly or partly from public fiends of the governmental entity. (b) A governmental entity may not enter into a contract m with a company for goods or services unless the contract contains a written verification n from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 0 z Cn a r C7 S n O Z C M M Cnn _ D A M r D v M cn _ rn r O W { r m CD Cn0 City of Lubbock,TX Exhibit C Purchasing& Contract Management Contract 14956 A vn III—INSURANCE COVERAGE REQUIRED c� SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed z 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 o PAY OR PERFORM UNDER TI-IIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN z DELIVERED TO THE CITY. m SECTION B. The City reserves the right to review the insurance requirements of this section during the n effective period of the contract and to require adjustment of insurance coverages and their Iim its when deemed necessary and prudent by the City based upon changes in statutory law,court decisions, or the claims history of the 0 industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved a by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and o any extension hereof,at Contractor's sole expense, insurance coverage written by companies approved by the State of i Texas and acceptable to the City, in the following type(s)and amount(s): mr D M TYPE OF INSURANCE COMBINED SINGLE LIMIT 6 GENERAL LIABILITY o ® Commercial General Liability General Aggregate $1,000,000 ❑ Claims Made ® Occurrence Products-Comp/Op AGG X v ❑ W/Heavy Equipment Personal&Adv.Injury X ❑ To Include Products of Complete Operation Endorsements Contractual Liability X Fire Damage(Any one Fire) m Med Exp(Any one Person) PROFESSIONAL LIABILITY = 17General Aggregate M, 0 AUTOMOTIVE LIABILITY z ® Any Auto F1 All Owned Autos rn ❑ Scheduled Autos ❑ Hired Autos y ❑ Non-Owned Autos Per Occurrence $1,000,000 0 EXCESS LIABILITY ❑Umbrella Form Each Occurrence Aggregate GARAGE LIABILITY ❑ Any Auto Auto Only-Each Accident zrzr ❑ Other than Auto Only: z Each Accident Aggregate F-1 BUILDER'S RISK ❑ 100%of the Total Contract Price � ❑ INSTALLATION FLOATER ❑ 100%of the Total Material Casts = ❑ CARGO ® WORKERS COMPENSATION—STATUTORY AMOUNTS OR $500,000 ° OCCUPATIONAL MEDICAL AND DISABILITY a ® rn EMPLOYERS'LIABILITY $1,000,000 OTHER:COPIES OF ENDOSEMENTS ARE REQUIRED = M ® City of Lubbock panne!as additional insured on Auto/General Liability on a primary and tion-contributmy bases. o ® To include products of completed operations endorsement. -< ® FVaiver of subrogation in favor of the City of Lubbock on all coverages,except Cn M rn 0 Benchmark Business Solutions,Inc. 116, Benchmark BenchmarkYourOffice.com Phone:(800)378-9179 A Visual Edge Technology Company Fax:(800)640-5514 Maintenance Agreement - New Equipment CUSTOMER(hereinafter referred to as"You"or"Your") DATE: 10/2/2019 FULL LEGAL NAME Lubbock,City of INSTALLADDRESS City,Stare and Zip County 1314 Ave.K Lubbock,TX 79401 Lubbock METER COLLECTION SOFTWARE CONTACT EMAIL ADDRESS PHONE NUMBER 806-775-3000 BILLTO ADDRESS(If different from above) City,Stale and Tip County P.O.Box 2000 LUBBOCK TX 79401 Agreement Summary: See Appendix B NO TIPS CONTRACT#180103 Sales Rep*j Sandra Henle Contract Usage Per Monthly Install Location Monthly Image Image Charge Device Make Device Model Service Base Allowance Amount *If different from above Plus Tax B&W COLOR B&W COLOR Xerox (2)D125CP/H $0.00 0 $0.0046 $00000 Xerox V180B S0.00 0 $0.0107 $0"0475 V180 Large Meter $0.0054 V1 80 Extra Long Motor $0.0475 Agreement Options Included: All Travel,Parts and Labor(Including drums,PM kits,toner and developer),Access to the Benchmark Smart Center Billing Frequency Option Monthly Not Included:Paper,Staples,Exterior Plastic,and Glass Contract Term LEASE "Installation of meter collection software is required for all print devices as specified in the full terms and conditions.Failure to provide access to monitoring software,will result in a$10 monthly admin fee per device Monitoring Software YES/$0 for manual meter collection. •'Base Charges are billed In Advance and Overage is billed In Arrears. Electronic Invoicing YES ••Billing payment period is monthly unless otherwise Indicated. Smart Center Analyst NO —$10 per device Includes:Set up of print drivers on new computers,Install network scanning on server,install Services(SCAS) Scan-To-PC software,setup Scan to email,setup fax&LAN fax,setup equipment accounting. Auto Quote YES "When monitoring software alerts Benchmark that new equipment has been installed a specialist will automatically send you a quote to add the device to a service agreement. Speclal Provislons: Meters are fixed for the term of the lease agreement. THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ON THIS PAGE,THE REVERSE SIDE,ATTACHED EQUIPMENT LIST,ANY APPLICABLE ADDENDUMS,ALL OF WHICH PERTAIN TO THIS AGREEMENT AND WHICH YOU ACKNOWLEDGE HAVING READ.THIS AGREEMENT 15 NOT BINDING UNTIL ACCEPTED BY US,YOU CERTIFY ALL ACTIONS REQUIRED TO AUTHORIZE EXECUTION OF THIS AGREEMENT, INCLUDING YOUR AUTHORITY,HAVE BEEN FULFILLED. SUPPLIER:Benchmark Business Solutions \X I CUSTOMER:(As State Ab ve) Date Accepted: (1 r`' x Date Accepted: BY: U !f By: U IYW rVy\- Bet f .than ed signature Signature DANIIa.M.1101"E.MAYORPrint Name&Tide:Tqwwe Print Name&Title: CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 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 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-553483 Visual Edge, Inc. DBA Benchmark Business Solutions Lubbock,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/21/2019 being filed. City of Lubbock Date Acknowledged: 10/22/2019 g 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, 14956 Xerox Office Equipment 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Visual Edge Technology, Inc. North Canton, OH United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2419.553433 Visual Edge,Inc.DBA Benchmark Business Solutions Lubbock,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form Is 10/21J2019 being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. 14956 Xerox Office Equipment 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Visual Edge Technology,Inc. North Canton,OH United States X 5 Check only if there is NO Interested Party. a 6 UNSWORN DECLARATION My name is �e �n and my date of birth is160z My address is (street) ) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in. a , 1� County, State of on lh day of �20 . (month) (year) IL4 iv Sig atur ro authorized agem of contracting business entity (Doclarant) Forms provided by Texas Ethics Commission www.ethics.state.lx.us Version V1.1.3a6aaf7d