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HomeMy WebLinkAboutPR 19716: EDC, PURCHASE OF A KONICA MINOLTA BIZHUB C308 COLOR PRINTER/COPIERS/SCANNER/FAX Interoffice MEMORANDUM To: Mayor, City Council, City Manager From: Floyd Batiste, CEO Date: March 21, 2017 Subject: P. R. No. 19716; Council Meeting of March 28, 2017 ATTACHED IS PROPOSED RESOLUTION NO. 19716 AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO PURCHASE A KONICA MINOLTA BIZHUB C308 COLOR PRINTER/COPIER/SCANNER/FAX FROM STAR GRAPHICS OF BEAUMONT, TEXAS THROUGH NJPA CONTRACT NO. 083116-KON IN THE AMOUNT OF $7,069.80 P.R. No. 19716 03/27/2017 updated KVM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO PURCHASE A KONICA MINOLTA BIZHUB C308 COLOR PRINTER/COPIER/SCANNER/FAX FROM STAR GRAPHICS OF BEAUMONT, TEXAS THROUGH NJPA CONTRACT NO. 083116-KON IN THE AMOUNT OF $7,069.80, ENTER INTO A 60 MONTH MAINTENANCE CONTRACT AT $149.00 PER MONTH, AND ANY COPY OVERAGES BILLED QUARTERLY; FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-1429-582.92-00 WHEREAS, Chapter 271 of the Texas Government Code allows a city, by resolution of its governing body, to participate in cooperative purchasing programs, such as National Joint Powers Alliance (NJPA), as an alternative to a formal bid process; and WHEREAS, the purchase of a Konica Minolta Bizhub C308 color multifunction system will improve productivity with regards to the daily functions of the Port Arthur Section 4A Economic Development Corporation(the "PAEDC"); and WHEREAS, the new copier will replace a leased Xerox copier whose five year lease with Xerox Corporation is expiring April 18, 2017; and WHEREAS, the PAEDC has reviewed the costs of various vendors and determined that the quote received from Star Graphics of Beaumont, Texas ("Star Graphics") through NJPA under Contract No. 083116-KON, to purchase the copier in the amount of$7,069.80 meets the requirements needed by the PAEDC; and WHEREAS, the PAEDC Board of Directors, at their Regular Board Meeting of March 13, 2017 determined that the purchase of a copier would be more cost efficient in comparison to a term lease and approved the purchase of the Konica Minolta Bizhub C308 from Star Graphics in the amount of $7,069.80 as delineated in Exhibit "A" and entering into a 60 month Maintenance Contract with Star Graphics for a monthly fee of$149.00 and overages being billed quarterly at $0.008 per black and white copy and $0.05 per color copy as delineated in Exhibit «B» NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council of the City of Port Arthur authorizes the City of Port Arthur Section 4A Economic Development Corporation to purchase a Konica Minolta Bizhub C308 Color Printer/ Copier/ Scanner/ Fax from Star Graphics of Beaumont, TX through the National Joint Powers Alliance Contract No. 083116-KON, and enter into a 60 month Maintenance Contract. Section 3. That a copy of the caption of the Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2017, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: Derrick Freeman, Mayor ATTEST: Sherri Bellard, City Secretary #665929 Page 2 APPROVED: Floyd Batiste, PA DC C 0 APPROV 'r £ S T L' ORM: Guy N. Goodson, PAEDC Attorney APPROVED AS TO FORM: \(0, Valecia R. T' eno ity Attorney APPROVED AS TO AVAILABILITY OF FUNDS: Rit,.. .,,,\(;12, Rosie Vela, Interim Finance Director #1370966 Page 3 Exhibit "A" • Star graphics FUNCTIONF COMPANY efficiency evolved March 8, 2017 PROPOSED EQUIPMENT for Port Arthur Economic Development QTY MODEL DESCRIPTION 1 i Konica Minolta bizhub C308 30 PPM Full Color Networked MFP Copy/Print/Full Color Scan/Fax 9" inch color multi touch home screen } 1200 X 1200 dpi print resolution Scan to: Email, Desktop, Network Folder Dual Scan Document Feeder Technology Scan 160 opm Print and save documents to/from usb Electronic Document Storage Inner finisher/Sorter/50 page Stapler 150 Sheet Multi-purpose Tray 4 X 500 Sheet Paper Trays Paper Sizes: Letter, Legal and Ledger Purchase Price: $7,069.80 NJPA C` Pricing NJPA Contract # 083116-KON Prices include shipping, delivery,installation and training. Applicable taxes must be added to Leasing and Purchase prices Service Agreement for Proposed Equipment Agreement Includes: Parts, Labor, Toner and Drums 3,000 B/W copy allowance & 2,500 Color Copies billed monthly at $149.00 (Overages billed quarterly at$0.008 per B/W copy& $0.05 per Color Copy) Please contact me at 409-748-5953 should you have any questions or require additional information. I look forward to speaking with you further. 888.444.STAR staTgraptti im.4 EXHIBIT "B" Star graphics Advantage CPC Maintenance Contract Sold To:(legal name) Ship To: Name. Port Arthur Economic Development Account Number: Name: " Account Number: Address Line 1: 501 Procter St.Suite#100 Address Line 1: Address Line 2: Address Line 2: Street Address: Street Address: City. Port Arthur Economic Deve,State: TX Zip. 77640 City: State: Tx Tax Exemption ❑No ❑yes (Certificate required) Tax Exemption Number: PO Required 0 rio El yes (Copy required) PO Number: PO Expiration Date: Advantage CPC Maintenance Plan Cost Per Copy Q With Supplies 0 Without Supples-Purchased Separately Effective Date: Upon Delivery Billing for CPC contract: Q Monthly ❑Quarterly ❑Annually Contract Term(Months): 0 12 0 24 0 36 0 48 0 en Overages billed: 0 Monthly El Quarterly ❑Annually Expires at the end of the Rental Agreement Product Covered Under Contract: Item Model Description Serial Number Type Start Meter Read Monthly Min Volume CPC Monthly Min S Overage CPC 1 2,500 S 0.05000 $ 125.00 $ 0.05000 KM C308 8/W 3,000 $ 0.00800 $ 24.00 S 0.00800 2 3 4 5 -- Comments Customer Name: Star Representative. Tina Vaquera Please Print Date Signature: Star Manager: Authorized Representative of Customer Date Date Title` FOR INTERNAL USE ❑new Customer 0 Maintenance wi Equipment Order ❑Maintenance Only 0 maintenance Billed by Digitec ❑Maintenance Wed by Lease Cexn pang ❑Dealer SMvi[ed Agreement#: Price Plan#: Subfleet#: Key Operator Contact: Krystale Muller Phone: 409-963-0579 Email Addr: Meter Read Contact. Krystale Muller Phone: Email Addr: Accounts Payable Contact: Krystale Muller Phone: Email Addr: Special Instructions: Addiuex,at Documents Attached- ❑Price Excetxion 0 Tax Exempt Certificate 0 Purchase Order 0 Credit Application STAR STANDARD MAINTENANCE TERMS AND CONDITIONS "SCHEDULE A" (Revised 09.01-14) I4.ASSIGNMENT:Customer may not assign this Agreement,without STAR'erpres5 written consent. In the event The following terms and conditions apply to the provision of maintenance services by STAR Office Solutions that STAR assigns Or subcontracts any of its obligations under this Agreement. STAR shalt remain pnmariry ("STAR"to Customer dung the term of this Agreement: responsible to perforin Nose obligations. Any claim or defense CuSterner may have relating to those obligatiOIK must be asserted only against STAR and not its assignee. STAR may assign,without notice to Customer,any of es nghts 1. PAYMENT: Payment IS due within thirty(30)days from Ne date of the invoice Should the customer fail to under this Agreement. make any payment due hereunder,or be or become insolvent or be a party to Or acquiesce m any bankruptcy or receivership proceeding Or any similar action affecting the affairs or property of Customer,or violate any aspect of ES.NOTICES: All notices required to be given under this Agreement mall be in wrung and shall be sent by U.S. this Agreement.STAR may(1)refuse to continue to service the equipment or provide Consumable Supplies and first class mail to the paries as follows: To Customer at the address listed on the front of this Agreement and to may enter Customers premises to recover any property Or equipment owned by STAR or(2)furnish service on a STAR.at 12560 Reed Road,Suite 200,Sugar Land TX 77478, time,travel and material basis,without prejudice to any other remedies STAR may nave. If Customer falls to mare any payment when due pursuant to thus Agreement,there well be a service charge of one and one-hag 16.INDEMNIFICATION: Customer shall bear all risk of theft,loss or damage not caused by STAR employees or percent(I I/2%)per month of the total amount due or the maximum legal interest rate allowed by law, agents,to all Equipment delivered and accepted under this Agreement Customer agrees to Indcmnfy,defend and whichever is less. Reasonable costs,Including counsel tees,shall be recoverable by STAR in the event collection hold harmless STAR.its Officers,directors,employees and agents from all loss,liabety,claims or expenses(mauling activities,including abgaton,are required to collect outstanding amounts due under this Agreement. NO CASH reasonable attorney's fees)arisee out of Customers use of Me equryment,including but not limited to to akties PAYMENTS ACCEPTED.Accepted manners of payment are by major aerie card or checks made payable to STAR. ansing from illegal use of STAR equipmeent as well as bodily injury,including death,or property damage to arty person,unMss Said njunes,death or property damage was caused solely as the result of a negligent or interconal 2.METER READINGS: Customer will provide accurate and timely meter readings at the end or each biting act or omisobn by STAR. period in a manner prescribed by STAR STAR charges for each copy or print.performed by the STAR equipment included in this Agreement. A cop/or print shall De defined as the generation of any document or image on the 17.WARRANTY: STAR WARRANTS THAT THE SERVICES SHALL BE PERFORMED IN ACCORDANCE WITH THE STAR equpment,For purposes of the Agreement,all such uses of STAR equipment mall be referenced herein as MANUFACTURER'S RECOMMENDATIONS AND SPECIFICATIONS FOR THE EQUIPMENT.STAR MAKES NO OTHER a'copy.' STAR shall have access to monitor the meter readings and if meter readings are not rec ved in a WARRANTIES WItATSOEVER EXPRESS OR IMPLIED WITH REGARD TO THE SERVICE,THE SOFTWARE[NO.ed7ED timely mane,STAR may obtain or estimate them and Customer agrees to pay for maintenance Services based WITH THE EQUIPMENT OR ITS INSTALLATION,AND MAINTENANCE,AND EXPRESSLY EXCLUDES ALL IMPLIED on estimated meter readings.Customer shall not atter or attempt to alter actual meter reading. Each 8Vr"x I1' WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. copy win be recorded as a single meter dick. Each 11"x 17'copy wig be recorded as a double meter Cock Dupiexed copies shag be counted at twice me rate of simplexed copies. For models equipped with banner 18.REMEDY LIMITATIONS: The equipment may not be returned to STAR vaOcut STAR'written consent printing capabilities,the following meter cock charges shall apply:18'to 27'=3 clicks;27'to 36'=4 clicks;36' CUSTOMERS EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE REPAIR OF THE EQUIPMENT OR to 47'=5 cedes. REPLACEMENT OF A NONCONFORMING PART,AT THE OPTION OF STAR.THE PARTIES WAIVE THEIR RESPECTIVE RIGHTS TO SPECIAL,CONSEQUENTIAL,EXEMPLARY,INCIDENTAL OR PUNITIVE DAMAGES FOR ANY PROVEN 3.SITE PREPARATION&ACCESS: Customer shall ensure that equipment is placed In an environment Nat BREACH OF THIS AGREEMENT(INCLUDING WARRANTY). THE PARTIES RESERVE THE RIGHT TO RECOVER mnforns with the manufacturers SpeCdications and requirements and will bear an cost and expense for any CONTRACT DAMAGES ALLOWED VIA THIS AGREEMENT. STAR'LIABILITY UNDER THIS AGREEMENT IS LIMITED TO additional necessities required for installation such as telephone and electrical wiring,remodeling,and noise and THE COVER DAMAGES ON THE COST OF ALTERNATE MAINTENANCE SERVICES AND/OR CONSUMABLES power fillers. Any electrical week external to the cKtubment(ere associated peripheral equipment,power, PURCHASED BY THE CUSTOMER. STAR SHALL NOT BE IJABLE FOR ANY DAMAGES,INCLUDING BUT NOT LIMITED transmission and phone lines,and moderns)and equipment line mrd are not covered by this Agreement. TO,DAMAGES DUE TO LOSS OF DATA OR INFORMATION OF ANY KIND. LOSS OF OR DAMAGE TO REVENUE, Customer shag el provide STAR'personnel with free and full access to the equipment and any necessary operating PROFITS 011 GOODWILL,DAMAGES DUE TO ANY INTERRUPTION OF BUSINESS, DAMAGE TO CUSTOMERS time for the purposes of furnishing maintenance services.Relocation or make ready shipment of equipment is not COMPUTERS OR NETWORKS,EVEN IF STAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. covered by this maintenance Agreement.This service,when requested,will beat the then tillable rate of STAR, 19.APPLICABLE LAW: This Agreement shalt be governed by me lays of the State of Texas without regard to 4.COMMENCEMENT OF SERVICE; The equipment must De in good condition on the commencement date of choice of law prinedes. In the event of litigation or other proceedings by STAR to enforce or defend any term cc this Agreement, STAR Charges for parts and labor required to dace the equipment in such condition unless provision of Uus Agreement,Customer agrees to pay all costs and expenses sustained by STAR including but not covered under any applicable warranties or a continuous maintenance Agreement. STAR mil invoice the limited to,reasonable attorney's fees. Customer further agree to Fugate any dispute concerning this matter In the customer and this we be in addition to the price Set forth on the front hereof. courts of the state of Texas,consents to jurisdiction in that forum and waives the right to Jury trial. 5,ADDITIONAL EQUIPMENT:No maintenance service for additional or substituted equipment wit be provided 20.FORCE MAIEURE: Neither party shall be responsible for delays or failure In performance of Ne Agreement by STAR until It is accepted by STAR,in writing,for coverage. STAR reserves the right to adjust the coverage (other Nan failure t0 make payment)to the eater that such party was hindered in its performance by any act of period for any additional or substituted equipment to assure common renewal dates. God,crvu commotion,labor dispute,or any other occurrence beyond its reasonable control, 6.SERVICE INCLUDED: STAR'obligations under this Agreement is to provide Basic Maintenance Service on 21.WAIVER&SEVERABILITY: Failure by STAR to enface any provisions Of this Agreement or any rights the equipment covered by this Agreement.Bast Maintenance Service is defined as that level of maintenance hereunder,Or failure to exercise any election proviOed for herein,malt In no way be considered a waiver of such necessary to maintain the equipment In=mat operating condition as set forth In Ne equipment specifications. provisions,rights.or elections,or in any way affect the party's nght in later enforce or exercise the same or other Basic MaIntetdnce Services Includes labor and/or routine remedial and preventive maintenance service as well as provigonS,righe,or elections It may have under this Agreement. If any provision of this Agreement shall be remedial parts and Consumables Supplies,rf thus option Is seined,as defined In section 24.All part replacements unlawful,void or for any reason unenforceable,then that provision shall be deemed severable from this Agreement shall be on an exchange basis with new or refurbished Items. Emergency service calls wit be performed at no and shag not affect the validity and enforceability of the returning provisions of this Agreement extra Nage during normal business hours. Unless otherwise Indicated,normal business hours am 8:30 a.m,to SAO p.m-,Monday thrOugh Friday,exclusive of hohdays observed by STAR.Overtime charges,at STAR'Nen 22.ORIGINAL DOCUMENT: Customer further agrees(a)that facsimile or elemnnic signatures shall be accepted current rate,wig be charged for all service calls°tesiae normal business hours. In addition to any other rights as original signatures:and(b)that this Agreement or any document created pursuant to this Agreement,may be hereunder,STAR reserves tie right to delete discontinued OqupmOnt from this Agreement if parts become maintained in an electronic document storage and retrieval system,a copy Of which shall be considered an original. unavailable for discontinued equipment. STAR may accept Orders electronically from Customer pursuant to Nis Agreement.Nether party shag raise any objection to the authenticity of this Agreement or any document created hereunder.based on ether the use of a 7.PREVENTIVE MAINTENANCE: Preventive Maintenance shall be performed on the equipment at the facsimile signature or the use of a copy retrieved from an electronic storage system. intervals defined by the Technical Service Manuals for the particular model.Preventive Maintenance will include cleaning,lubrication,adjustment.and may te made at the same time remedial service is being performed. STAR 23.SUPPLIES INCLUDED IN THE BASE/PRINT CHARGE: If this option has been selected,STAR(or tec hniOans do not cony Or deliver OOnwmabie supplies(toner, developer, etc.). It is the Customer's designated servicer)will provide Customer with certain types and quantities of Consumable Supplies.Consumable reSPOnsibhty to have the necessary supplies available for the Te:hnuoan's use. Supplies are defined as the tone,developer,copy cartridges and PM kits necessary to ensure that the equipment operates within the equipment specifications throughout the term of this Agreement.Customer agrees that the 8.vCARE MONITORING:STAR will deploy and enable its Meter Agent.which Is a Device Reabonship Consumable Supplies are STAR property until used by Customer.Customer will use Consumable Supplies only viO Management(DRM)systern that interacts with STAR product(s)for Me purpose of automated meter reading, the contracted equipment and run then to their!Base-funCUOn point. Customer shall not remove the Consumable technical performance monitoring,consumable and supply-level monitoring for replenishment.and product status Supplies from the location designated as Customer's address on the first page of Ills Agreement.Customer shall not (and a5 described in STAR'Digital Needs Analysis).Should Customer opt-out of utilizing',CARE,STAR reserves sell,resell or oWewise transfer any Consumable Sup Gies to any other enUry.Customer win return any unused the right to assess an incremental invoicing fee not to exceed twenty live dollars(525)per invoice Consumable Supplies to STAR at the end of this Agreement.Customer shag use reasonable care to store and protect STAR Consumable Supplies located at Customer's bcation for Customers convenience.Customer bears risk of loss of 9.SELLER'S AGENTS: Customer acknowledges that it has ben advrsed that no agent, employee or STAR unused Consumable Supplies In the event or theft,fire or other mishap.Should Customers use of Consumable representative of STAR has any authonty to hind STAR to any affirmation,promise,representation,or warranty Supplies exceed the Manufacturer Recommended Yields for Oe applicable unit by more than 6%in any given month, mnCerrag any of the equipment or services Unless an affirmation,promise,representation,or warranty Is or should STAR,nes reasonable drscrehon,determine that Consumable Supplies are being abused in any fashion, specifically set forth In this Agreement rt does not form a basis or this bargain and shalt not be enforceable Custemer agrees that STAR that have the right to charge for arty such excess or Improper usage.The Manufacture's against STAR. Recommended Yields for the Consumable Supplies can be provided,Audit Rights.During the term of this Agreement and during the Sixty(60)day period immediately following the Term,STAR snag have the right,upon reasonable 10. DISCLAIMER: This Agreement does not cove Service required due to malfunction of parts,attachments, notice or in mnection with a maintenance call,to audit Customer's usage of Consumable Supplies. The audit writ be or supplies of non-STAR manufacture. When the use of a pares uar Sippy item may cause machine damage or conducted by comparing the records generate'by the equipment to the Manufacturer's Recommended Yields.If the require excessive servidng.STAR,upon notice to Customer,will not continue remedial or preventive service fa audit reveals that Customer has exceede l the Manufacture's Recommended Yield for the applicable unit,theft that equipment By introducing supplies of diffoIng manufacture into the STAR equipment Customer accepts the Customer shag promptly lay to STAR an amount for the excess Consumable Supplies usage,based on the then responsibility to pay for any remedial or corrective service required. Any alterations,modifications or changes to currnt rale for the applicable Consumable Supply.STAR reserves the right to charge Customer for shipping and the equipment by someone other than STAR,including Customer,may result in termination or this Agreement. handing charges incurred by STAR for the delivery of any excess Consumable Supplies delivered to Customer. enthout prior aulhpnzaOon,tis Agreement does not apply to any equipment which ceases to be at the customer location described on the front side hereof. This Agreement does not apply to any equipment Em or damaged 24.ENTIRE AGREEMENT:This 6 the enure Agreement between Customer and STAR on tete subject matter hereof through accident,abuse,misuse,then,neglects,acts of third games.fire,water,casualty or any other natural and supersedes any proposal or prior agreement, oral or written,or any other cemmunicatons relating to force,and any loss or damage occurring from any of the foregoing r5 SOecificasy excluded from this Agreement. maintenance services for STM equipment one it may not be released.discharged.Changed•or modified except by an Custene warrants and represents that the equipment will be used for business purposes,and not for personal, instrument In meting signed by a duly autho naed reprrsemabve of each party. Customer agrees that any Purcase family,or household purposes. Order or tller documeitabon issued to STAR covering the equipment or maintenance is issued for purpose of authorization and Customers Internal use Only,and any terms and conditions contained therein shag not modify Or 11. AUTOMATIC RENEWAL: Service on Individual equipment shag automatically be extended for Successive add to the terms and conditions of Ors Agreement.This Agreement will not be effective until emoted by an one year tams at the rates being charged by STAR at the pine of renewal unless Customer or STM provides the authorized representative of STAR.Notice of acceptance Is hereby waived by Customer other parry thirty(30)days written notice before the end or the current term of its Intention not to renew Mrs Agreement Upon renewal,either party may cancel this Agreement,with or without cause,upon due(30)days 25. DIGITAL SUPPORT SERVICE(DOS):If this option has been selectee,DSO provides Customer access to STAR written notice 10 the other party. Upon[antenatal pursuant to Um paragraph,Customer win be baled for service Digital Solution Center(DSC)telephonically or by electronic access.DSS incudes technical support on Items speofred through the effective dam of cancelaUOn.In the event this Agreement n canceled or not renewed,Customer on the O55 Supported Products List including Portal Multi-Function Devices,General Office Apoications,Graphic and shall return any unused Consumable Supplies to STAR. Should ire Customer fail to return any unused Design Applications and Desktop Operating Systems.Customer may access expert level support by telephone or Consumable Supplies,STAR reserves the right to charge for any unused Consumable Supplies at the then mrrent elecbomcally.DSC support is available during the hours of 8:00a.m.to 6:00p.m.Eastern Time.Monday through rate for such supplies. Friday,excluding STAR observed holidays.DSC hours are subject to change by STAR.Customer system(s)must be in good working condition.DSS does not include parts or labor related to network/computer problems not directly 12. ESCALATION:At the end of the first year of this agreement and once each successive Involved in the printing or scanning network cc fax workflow.Customer network changes,attachments or additions twelve month period,we may Increase your payment and the cost per copy charge over the may require additona OSS charges.STAR reserves the note to terminate DOS ser ices in the event that any of pages included(overage)by a maximum of 10%of the existing charge. Customer changes,aiteratens or attachments makes it impractical nor STAR to provide OSS.Customer is responsible for performing normal operator functions,system backups,virus scans,and network security functions on a regular 13. NETWORK INTEGRATION: If Network Integraton services are provided by STAR,Customer warrants basis. that the STAR Digital deeds Analysis('DNA')has been accurately completed and STAR may rely on the rnformoton contained in the DNA in providing network ntegratias seraces. STAR reserves the right to assess additional charges for service due to CuStemers medigcabon of its network,Software,or operating system(s).