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HomeMy WebLinkAboutContracts & Agreements_203-2007_CCv0001.pdf DOCUMENT SERVICES AGREEMENT NONCOTERMINOus AMENDMENT XEROX: 5. If Xerox provides funds to retire the debt on your existing equipment lease obligations ("Buyout Funds"), Xerox shall retain or receive unencumbered title to such equipment. Xerox may also provide funds to acquire Third Party Hardware and/or to license software Third Party Software hereunder ("3rd Party Funds"). Collectively, Buyout Funds and 3rd Party Funds are "Funds". The Funds amount will be included in the MMC unless the NCA does not include a MMC, in which case it will be shown as a separate line item on your invoice. Should the NCA expire or be terminated prior to expiration for any reason or a unit of Third Party Hardware/Software for which Funds have been provided is removed or replaced prior to expiration, you agree to pay to Xerox, in addition to any other amounts owed under the DSA or NCA, an amount equal to the remaining principal balance of the Funds. You agree to maintain the manufacturer's maintenance agreement for any Third Party Hardware and applicable Third Party Software licenses. Any express warranties for such Third Party Hardware or Third Party Software shall be available to you. 6. For Equipment, Xerox (or a designated servicer) will provide black toner(excluding highlight color toner), black developer, Cartridges and, if applicable,, fuser agent and staples)("Consumable Supplies"), required to make impressions. For full- color Equipment, Consumable Supplies also includes color toner and developer. For Equipment identified as "Phaser", Consumable Supplies may also include, if applicable, black solid ink, color solid ink, imaging units, waste cartridges, transfer rolls, transfer belts, transfer units, belt cleaner, maintenance kits, print Cartridges, drum Cartridges, waste trays and cleaning kits. Consumable Supplies are Xerox's property until used by you and you will (I) use them only with the Equipment hereunder, (ii) return all Cartridges to Xerox as provided herein, and (iii) return any other Consumable Supplies to Xerox, at Xerox's expense when using Xerox-supplied shipping labels, at the end of the term of the applicable Equipment or destroy them in a manner permitted by applicable law. Should your use of Consumable Supplies exceed Xerox's published yields for them by more than ten percent (10%), Xerox shall have the right to charge you for any such excess usage, If Xerox provides paper hereunder, upon thirty (30) days notice, Xerox may adjust the paper pricing or either party may terminate the provision of paper. T If set forth herein, Xerox will provide the Services as defined in the attachment(s) checked below. The Services set forth therein supersede and replace any such Services as may have been previously set forth in the Agreement and its amendments, excluding any NCAs, and/or attachments. I�Supplemental Services Detail Addendum ❑Statement of Work{"SOW"}Addendum � Performance Standards Exhibit (�Description of Services Addendum Except stated. documentation r Equipment replaced by Xerox r reasons other than trade-in, all changes to this S or any amendment must be made in a writing signed by both parties. In the event of a conflict between the terms and conditions of the Agreement and this NCA relating to the Equipment provided under this NCA, this NCA will control. XEROX CORPORATION A I r"% CUSTOMER Jon Harrison Name asel Pt rt Name(PZ bPrint} re Sign ure Cl Title Mayor Date November A 2nn7 Dare ATTEST: ,ZorrieP. &ey City Clerk y Form 52114-1 (May,2007) XEROX CONFIDENTIAL NCA-Standard Page 2 DCIGUMENT SERVICES AGREEMENT NONCOTERMINOu AMENDMENT THIS AMENDMENT Number 122 (the "Amendment" or "NCA") amends Agreement Number 3111366 (the "Agreement" or "DSA") between City of Redlands ("you"or"Customer") and Xerox. 1. The following Equipment/Software is added to the Agreement: Consumable Equipment Model tSupplies Software Serial Number Status Description Installation Location � Included in Pricing Yes No W5050PH TBD Xerox owned-Non OPB 34 Cajon Street 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Supplemental Equipment/Software Listin Addendum Attached 2. Xerox shall provide the Equipment as set forth in this NCA for the period 10/01/2007 to 09/30112, 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 NCA period. In the event that the Agreement expires or is terminated prior to the termination of the period set forth in this NCA, the terms and conditions of this NCA 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 NCA are both operative, you shall pay the amounts set forth both in this NCA and in the Agreement, including any amendments thereto. If the Agreement terminates or expires prior to the NCA, the pricing for the Equipment provided under this NCA shall be as set forth in this NCA. 3. Xerox is providing you the Equipment listed in this NCA for the entire term of the NCA. If you terminate this NCA prior to its expiration, (except as may be otherwise set forth in the Agreement), require that a unit of Equipment listed in this NCA be removed or replaced (e.g., traded-in) or if Xerox terminates this NCA due to your breach, you agree to pay all amounts due Xerox as of that date, together with the Xerox-calculated monthly equipment component, which includes a disengagement charge, for all affected Equipment provided under this NCA times the number of months remaining in the NCA (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 NCA`s scheduled expiration. You hereby authorize Xerox or its agents to file financing statements necessary to protect Xerox's rights in Equipment or Third Party Hardware. 4. The pricing for the Equipment/Software provided under this NCA is as follows: Amendment Period Monthly Impressions Charge per impression (MM/DD/YY) Minimum included In Minimum Above Minimum Charge I BAN on BAN Eq. WIN on Color Eq. Color Mour 4 Btw on BAY Eq. B/w on Color Eq. Color Motor 4 10/01/07 to 09/30/12 $239 0 N/A N/A N/A $0.0066 NSA N/A N/A to 1 to to ---------------- to i i to i ❑Monthly Equipment Buyout Funds Amount ([ 3`°Party Funds Payment Amount i ElOther Addenda Attached ❑201b.White Paper Included Within Pricing Form 52114-1 (May,2007) XEROX CONFIDENTLAL NCA-Standard Page i