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HomeMy WebLinkAboutContracts & Agreements_120-2003DOCUMEN1 SERVICES AGREEMENT NONCOTERMINOUS AMENDMENT WITH MECs ruF 1)0C'1 N1rNTC0\11 IN1 XEROX. THIS AMENDMENT Number 9 (the "Amendment") amends Agreement Number 3111366 (the "Agreement") between City of Redlands ("you" or "Customer") and Xerox 1 The following Equipment/Software (the "Equipment") is added to the Agreement Equipment Model / Software Serial Number Status Description Installation Location Monthly Equipment Component Supplies Included in Pricing DC535SH TBD Xerox Owned Non OPB AK Smiley Library S160 ® Yes • No 10 ■ Yes ■ No 10 ■ Yes 10 ❑ No ■ Yes ❑ No ■ Monthly Equipment Buyout Amount ❑ 3`° Party Funds Payment Amount ❑ Yes ❑ No ■ Yes ❑ No ■ Yes ■ No ■ Yes ■ No ■ Yes ■ No ❑ Yes ■ No ❑ Yes ❑ No ❑ Yes ■ No ❑ Yes ■ No ■ Yes ■ No ❑ Yes ❑ No ■ Yes ■ No ■ Yes ■ No ❑ Yes ❑ No • Supplemental Equipment/Software Listing Addendum Attached 2 Xerox shall provide the Equipment as set forth in this Amendment for the period 06/18/2003 to 06/17/2008, and on a month-to-month basis thereafter, unless terminated by either party on not less than thirty (30) days prior written notice with the charges for the Equipment during the month to -month period being equal to that applicable in the preceding Amendment period In the event that the Agreement expires or is terminated prior to the termination of the period set forth in this Amendment the terms and conditions of this Amendment and the Agreement, except in regards to those Agreement terms that are not applicable to the providing of the Equipment listed herein, shall be deemed to be in effect until the date set forth above During the period that the Agreement and Amendment are both operative, you shall pay the amounts set forth both in this Amendment and in the Agreement Including any amendments thereto If the Agreement terminates or expires prior to the Amendment, the pricing for the Equipment provided under this Amendment shall be as set forth in this Amendment 3 Xerox is providing you the Equipment listed in this Amendment for the entire term of the Amendment If you terminate this Amendment prior to its expiration (except as may be otherwise set forth in the Agreement), require that a unit of Equipment listed in this Amendment be removed or replaced (e g traded in) or if Xerox terminates this Amendment due to your breach you agree to pay all amounts due Xerox as of that date, together with the Xerox -calculated monthly equipment component ("MEC'), which includes a disengagement charge, for all affected Equipment provided under this Amendment times the number of months remaining in the Amendment (with this MEC available upon request) In addition, you agree to return the Equipment in the same condition as when delivered, reasonable wear and tear excepted or purchase the Equipment at its fair market value, as determined by Xerox, at the Amendment's scheduled expiration Unless and until you purchase the Equipment, you hereby authorize Xerox or its agents to execute on your behalf all documents necessary to protect Xerox's rights in the Equipment (including any Uniform Commercial Code protective filings in favor of Xerox) 4 The pricing for the Equipment/Software provided under this Amendment is as follows Amendment Period {MMIDDNY) Monthly Minimum Charge p impressions ChargeIm ression perP Included in Minimum Above Minimum BIW on B/W Eq B/W on Color E. Color 1 BIW on B/W Eq B/W on Color Eq Color ' S 03 to 06 17 1,: 5247 4000 0 0 '• 0084 0 0 10 10 10 10 to ■ Monthly Equipment Buyout Amount ❑ 3`° Party Funds Payment Amount ❑ Other Addendum Attached ❑ 201b White Paper included Within Pricing nrm q2114 2 11 200,i) Noncoierminous Amendment wilts MECs DOCUMENT SERVICES AGREEMENT NONCOTERMINOUS AMENDMENT WITH MECs TUF ❑(WI NtiFtirCourtm XEROX. 5 Xerox will provide standard supplies (i e , toner (excluding highlight color toner), developer fuser agent and staples) required to make impressions up to 81/2 by 14 ("Supplies"), provided such Supplies are already included in the pricing, as set forth in paragraph 1 of this Amendment If the Supplies include paper, Xerox may adjust the pricing of the paper portion of this Amendment upon thirty (30) days notice or either party may terminate the paper portion of this Amendment upon thirty (30) days notice 6 If this Amendment includes a Monthly Equipment Buyout Amount, this amount is included in the Monthly Minimum Charge of this Amendment (unless the Amendment does not include a Monthly Minimum Charge, in which case the Monthly Equipment Buyout Amount will be shown as a separate line item on your invoice) Xerox has provided these funds ("Buyout Funds") to you to retire the debt on your existing equipment lease obligations and, as a result Xerox shall retain or receive unencumbered title to such equipment upon such buyout The Buyout Funds provided for as part of this Amendment are in addition to any buyout funds provided for previously in the Agreement or any other amendments thereto Should the Amendment be terminated prior to expiration for any reason you agree to pay to Xerox (even if termination fees would not otherwise be due), in addition to any other amounts owed under the Amendment, an amount equal to the remaining principal balance of the Buyout Funds 7 If, in conjunction with providing Equipment hereunder, Xerox has provided funds ("3rd Party Funds") to acquire certain Xerox -brand equipment and/or non Xerox brand equipment ("3rd Party Equipment") and/or to license software ("3rd Party Software"), then the Monthly Minimum Charge of this Amendment includes a 3rd Party Funds Payment Amount ("Payment Amount"), unless the Amendment does not include a Monthly Minimum Charge in which case this monthly Payment Amount will be shown as a separate line item on your invoice The 3`dParty Funds provided for as part of this Amendment are in addition to any 3 Party Funds provided for previously in the Agreement or any other amendments thereto If this Amendment is terminated prior to its expiration for any reason, or a unit of 3rd Party Equipment/Software is removed or replaced prior to its expiration, you agree to pay to Xerox, in addition to any other amounts due and owing hereunder that portion of the balance of 3rd Party Funds that is associated with each affected unit of 3rd Party Equipment/Software discounted through the end of the Amendment term at the higher of 6% or the lowest rate allowed by law You agree to maintain the manufacturer's maintenance services agreement for any remaining 3rd Party Equipment, as well as any applicable software licenses during the period that the 3rd Party Software is in use Express warranties, if any, for such equipment shall be available to you However, if such warranties are not available or have expired cost of replacement shall be your sole expense Except as specified in this Amendment, the Agreement shall remain as stated In the event of a conflict between the terms and conditions of the Agreement and this Amendment relating to the Equipment provided under this Amendment, this Amendment will control XEROX CORPORATION CUSTOMER CITY OF REDLANDS Xith./ _Cul/ Nam (Ple C t S1 at' ure (J�c,,,wc•� `•So�v�irts Execv /+NG Karl N Haws Name (Please Prin Signature Mayor Title Title 4�1'►(03 June 17, 2003 Date Date Attest. Farm 5211 l 2 t 1'20031 Lorrj Poyzer, 'i Clerk .• ,hath Notrrc DOCUMENT SERVICES AGREEMENT CONFIGURATION CHANGE AMENDMENT WITH MECS 11*. DOCUMENT COWAN) XEROX. THIS AMENDMENT Number 10 (the "Amendment") amends Agreement Number 3111366 (the 'Agreement") between City of Redlands ("you" or 'Customer") and Xerox 1 The following Equipment/Software is added to the Agreement Unless and until you purchase the equipment, you hereby authorize Xerox or its agents to execute on your behalf all documents necessary to protect Xerox's rights in the equipment (including any Uniform Commercial Code protective filings in favor of Xerox) Equipment Model / Software Serial Number Status Description Installation Location Monthly Equipment Component Supplies Included in Pricing Xerox Buyout AK Smily Library 0 03 ❑ Yes ❑ No ❑ Yes ❑ No to ❑ Yes Cr No to ❑ Yes ID No to ❑ Yes ❑ No to ❑ Yes ❑ No ❑ Monthly Equipment Buyout Amount ❑ Yes ❑ No 0 20Th White Paper Included Within Pricing ❑ Yes ❑ No 2 The following Equipment/Software is removed from the Agreement Equipment Model / Software Serial Number Status Description Installation Location DC220C2 G8M042621 Xerox Buyout AK Smily Library 0 03 1473 to to to 3 The pricing for the Equipment/Software provided under this Amendment is as follows Amendment Period (MM/DDIYY) Monthly Minimum Charge Impressions Inc uded in Minimum BIW on B/W Eq B/W on Calor Eq Color Charge per Impression Above Minimum B/W on B!W Eq BIW on Color Eq Color 06/18/03 to 10/19/04 (5185) —4000 0 0 03 1473 to to to to to ❑ Monthly Equipment Buyout Amount ❑ 3rd Party Funds Payment Amount ❑ Supplemental Equipment/Software Listing Addendum Attached 0 20Th White Paper Included Within Pricing 4 Excluding any Noncoterminous Amendment pricing, revised total Agreement pricing, reflective of the above changes, regarding the Monthly Minimum Charge, which includes the total Monthly Equipment Buyout Amounts and/or 3rd Party Funds Payment Amounts (as applicable), the Impressions Included in Minimum, and the Charge per Impression above Minimum, for the Services provided under the Agreement, is as follows All other pricing under the Agreement remains as stated in the Agreement Agreement AgreePeriod (MentYY) Monthly Minimum Charge Impressions Inc uded in Minimum B!W on BIW Eq BIW on Color Eq Color Charge per Impression Above Minimum BIW on B!W Eq BIW on Color Eq Color 06/18/03 to 10/19/04 57 846 232335 0 3000 01 1473 to to to to to 0 Supplemental Pricing Addendum Attached 0 Other Addendum Attached Form 52104-2 (10/2002) Configuration Change Amendment with MECs Page 1 DOCUMENT SERVICES AGREEMENT CONFIGURATION CHANGE AMENDMENT WITH MECs TOE DOC i'MENT Co\II ry X E ROX. 5 If this Amendment includes a Monthly Equipment Buyout Amount, this amount is in addition to any previous Buyout Amount associated with the Agreement, and will be included in the Monthly Minimum Charge (unless the Agreement does not include a Monthly Minimum Charge in which case the Monthly Equipment Buyout Amount will be shown as a separate line item on your invoice) Xerox has provided these funds ("Buyout Funds") to you to retire the debt on your existing equipment lease obligations and, as a result, Xerox shall retain or receive unencumbered title to such equipment upon such buyout Should the Agreement be terminated prior to expiration for any reason you agree to pay to Xerox (even if termination fees would not otherwise be due), in addition to any other amounts, including any previous Buyout Funds balance owed under the Agreement, an amount equal to the remaining principal balance of these Buyout Funds 6 If, in conjunction with providing Services hereunder, Xerox has provided funds ("3rd Party Funds") to acquire certain Xerox -brand equipment and/or non -Xerox brand equipment ("3rd Party Equipment") and/or license software ("3rd Party Software"), then the Monthly Minimum Charge includes a 3rd Party Funds Payment Amount ("Payment Amount"), unless the Agreement does not include a Monthly Minimum Charge in which case this monthly Payment Amount will be shown as a separate line item on your invoice The 3rd Party Funds associated with this Amendment is in addition to any previous 3rd Party Funds associated with the Agreement If the Agreement is terminated prior to expiration for any reason, or a unit of 3rd Party Equipment/Software is removed or replaced prior to expiration, you agree to pay to Xerox in addition to any other amounts due and owing hereunder, including any previous 3rd Party Funds balance that portion of the balance of 3rd Party Funds that is associated with each affected unit of 3rd Party Equipment/Software, discounted through the end of the Agreement term at the higher of 6% or the lowest rate allowed by law You agree to maintain the manufacturer's maintenance services agreement for any remaining 3rd Party Equipment, as well as any applicable software licenses during the period that the 3rd Party Software is in use Express warranties, if any, for such equipment shall be available to you However, if such warranties are not available or have expired, cost of replacement shall be your sole expense 7 Xerox will provide standard supplies (i e , toner (excluding highlight color toner), developer, fuser agent, and staples) required to make impressions up to 8% by 14 ("Supplies"), provided such Supplies are already included in the pricing as set forth in paragraph 1 of this Amendment If the Supplies include paper Xerox may adjust the pricing of the paper portion of this Amendment upon thirty (30) days notice or either party may terminate the paper portion of this Amendment upon thirty (30) days notice 8 If set forth herein, Xerox will provide the Services as defined in the attachments) checked below The Services set forth therein supercede and replace any such Services as may have been previously set forth in the Agreement and its amendments, excluding any Noncoterminous Amendments, and/or attachments 0 Supplemental Services Detail Addendum ❑ Statement of Work ❑ Performance Standards Exhibit ❑ Description of Services Addendum 9 If set forth herein, then the attached Equipment/Software Listing Update Addendum provides all known and available serial numbers for Equipment installed under this Agreement including those for which such serial numbers were not previously known, or available at the time of installation Except as specified in this Amendment, the Agreement shall remain as stated In the event of a conflict between the terms and conditions of the Agreement and this Amendment, the Amendment will control XEROX CORPORATION vw Stv,gf Nam Please Print) (H/ b pJ ` x'//i✓ Sig ature dotvp..bj S Irons CUSTOMER . CITY OF REDLANDS Karl N. Haws Namne "se pp, Signature EXrt„tMayor Title Title 4//9/a3 Date Date Form 52104-2 (1012002) June 17, 2003 Attest <1171. L.. rie PoyzeriritClerk Configuration Change Amendment with MECs Page 2 to implement the improvements determined necessary in the self-evaluation process This includes developing policies in each of the City departments to bettei serve the disabled citizen Staff will prepare resolutions to adopt these recommended policies At this time representatives from Equal Access made a presentation to the City Council regarding this study and informed Councilmembers they enjoyed working with the City staff Councilmembers felt copies should be accessible to the public and that a notice be published in the newspaper setting a deadline for comments Fred Ford addressed the City Council regarding his concerns and stating he wanted to be part of the solution CONSENT CALENDAR Minutes - On motion of Councilmember George, seconded by Councilmember Peppier, the minutes of the adjourned regular meeting of June 3, 2003, and the regular meeting of June 3, 2003, were approved as submitted Bills and Salaries - On motion of Councilmember George, seconded by Councilmember Peppier, payment of bills and salaries was acknowledged Agreement - CFD 2001-1 - On motion of Councilmember George, seconded by Councilmember Peppier, the City Council unanimously approved an agreement with David Taussig & Associates for Mello -Roos administration services relating to CFD 2001-1 for fiscal year 2003-04 and authorized the Mayor and City Clerk to execute the agreement on behalf of the City Agreement Amendments - Document Services - On motion of Councilmember George, seconded by Councilmember Peppier, the City Council unanimously approved Amendments No 9 and 10 to the document services agreement with Xerox Corporation to replace a copy machine at the A. K. Smiley Public Library and authorized the Mayor and City Clerk to execute the amendments on behalf of the City. Planning Commission Actions - On motion of Councilmember George, seconded by Councilmember Peppier, the report of the Planning Commission meeting held on June 10, 2003, was acknowledged as received Contract - Planning Services - On motion of Councilmember George, seconded by Councilmember Peppier, the City Council unanimously approved a contract with Willdan to provide professional planning services to the Community Development Department for a period not to exceed two months, authorized the Mayor and City Clerk to execute the contract on behalf of the City, and to approve an increase in appropriations for the Community Development Department Planning Division in the amount of $13,600 00 for account number 101164-5190 Tract No 16139 - Michael Novak, Applicant - Community Development Director Shaw explained the process for granting final approval to a tract map June 17, 2003 Page 2