HomeMy WebLinkAboutPR 17444: LEASE AGREEMENT FOR PHOTOCOPIER FOR PUBLIC WORKS OPERATION CENTER PUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO: Floyd T. Johnson, City Manager �
FROM: Ross E. Blackketter, P.E., Director of Public Works
DATE: January 2, 2013 f /
SUBJECT: P.R 17444
COMMENTS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a Lease
Agreement through Buy Board with Star Graphics of Beaumont, Texas for a copier rental for the
Public Works Operations Center for the amount of $175.96 per month for an amount of
$2,186.52 for the first year, which includes onetime $75 documentation fee and a not to exceed
amount of $11,160.48 for the 63 month contract.
BACKGROUND:
The Public Works Operations Center currently has a copier leased from Toshiba and paying
$253.36 per month. The new lease agreement will be with Star Graphics through BuyBoard at
$175.96 per month, with a $75.00 one time documentation fee, for 63 month lease with an option
to cancel at any time. The service agreement associated with this lease includes parts, labor,
toner and drums.
BUDGETARY /FISCAL EFFECT:
Funds are budgeted in account no. 001 -1201- 531.51 -00
EMPLOYEE /STAFF EFFECT:
None.
SUMMARY:
The Public Works Department recommends the City Council authorize the City Manager to enter
into a Lease Agreement through Buy Board with Star Graphics of Beaumont, Texas, for a copier
rental for the Public Works Operations Center in the monthly amount of $175.96 and a $75 one
time documentation fee, for a 63 month lease with an option to cancel at any time.
P. R. 17444
12/10/12 aw
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A 63 MONTH LEASE AGREEMENT THROUGH
BUYBOARD FOR A PHOTOCOPIER FOR THE PUBLIC WORKS
OPEATIONS CENTER WITH STAR GRAPHICS OF BEAUMONT,
TEXAS, IN AN AMOUNT NOT TO EXCEED $2,186.52 ANNUALLY
AND $11,160.48 FOR DURATION OF CONTRACT; FUNDING
AVAILABLE IN ACCOUNT NO. 001-1201-531.51-00
WHEREAS, the new lease agreement from Star Graphics on Texas BuyBoard Contract
#379 -11, will supply a copier which includes parts, labor, toner and drums at a cost of $175.96 a
month plus a one -time documentation fee of $75.00 totaling $2,186.52 for the first year and
$2,111.52 annually thereafter; and,
WHEREAS, this will be 63 month lease agreement with the option to cancel at any time.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the facts and onions in the preamble are true and correct; and,
THAT, the City Council hereby authorizes the City Manager to execute 63 month lease
agreement with Star Graphics of Beaumont, Texas, through BuyBoard which covers
maintenance, repair, parts and labor for $175.96 per month or $2,111.52 annually, plus a onetime
documentation fee of $75.00, in substantially the same form as attached as Exhibit "A"; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
P. R. 17444
12/10/12 aw
READ, ADOPTED, AND APPROVED this the _ day of , A.D. 2013 at
a meeting of the City of Port Arthur, Texas by the following vote:
AYES: Mayor
Councilmembers:
Noes:
Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
D
Val Tizen , City rney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF FUNDS:
Floyd Johnson, City Manager Deborah Echols, CPA, Director of Finance
d& /�� y Vic_
Ross E. Blac etter, P.E. Shawna Tubbs, CPPO
Director of Public Works Purchasing Manager
EXHIBIT A
Star Rental Agreement
g rij1i .. i c s Dote 10/29/2012
Buyer
4785 Eastex Freeway, Beaumont, TX 77706 P.O. #
Phone: (409) 892 -0671/ Fax: (409) 892 -6323 Sales Rep Chris Wolfe
SHIP TO BILL TO
City of Port Arthur - Operation Center City of Port Arthur - Operation Center
201 West H.O. Mills Blvd 444 4th St
Port Arthur TX Port Arthur TX
77642 77642
Contact Allison Walker Billing Contact
Phone /Fax (409) 983 -8511 Phone /Fax 409- 983 -8160
QTY PRODUCT 0 DESCRIPTION UNIT PRICE TOTAL PRICE
1 MX- 13402SC NEW 40 PPM B&W Networked MFP w/ Enhanced Scanning N /A- Rental
1 2 x 500 Sheet Paper Drawers
1 100 Sheet Bypass
1 86GB Hard Drive
2 Inner Staple Finisher
1 USB Port
1 Sharpdesk Document Management Software
1 Copy Stand
1 Pull Out Keyboard
1 Enhanced Reverse Auto Document Feeder
MAINTENANCE OPTION Subtotal
Sales Tax
Delivery/Installation
5,000 B/W Copies included per month. All additional B/W Copies assessed monthly at .013 per copy. TOTAL, AMOUNT
SPECIAL CONDITIONS Less Payment (Check 0 )
AMOUNT DUE N/A - Rental
TX Buyboard Contract #379 - 11 w/ 3 Year Performance Guarantee
LEASE INFORMATION
Rental Company Term Payment Document Fee Down Payment Pub Wan
SG Financial 63 months $175.96 $75.00 $0.00 FMV
CUSTOMER ACCEPTANCE STAR GRAPHICS, INC. REPRESENTATIVE
Signature Date
1
1. AGREEMENT: You agree to rend from us the personal property described under "MAKERMODEUACCESSORIES" and es modified by supplements to this Agreement from time to lime signed by you and us (such property and any upgrades,
replacements, repairs end additions referred to as "Equipment") for business purposes only. You agree to all of the terms and derhde110n1 contained In this A and any supplement, which together are a complete statame,d of our Agreement regarding
the BIM equipment ('Agresnad') and supersedes any purchase order or outstanding Invoke. This Agreement may be modified only by written Agreement and not by course of perfomanee, You edhodze us to insert in tits Agreement aerial numbers and
other Identification about the Equipnenit as well as other omitted factual maters. This Agreement becomes valid upon execution by us and WO begin on the date MOM end oval continue from the ird day of tha foaming month for the number of consecutive
months shown. The term wit be extended automabcaly for suceeseive 12 month tones unless You send us written notice between eioty(60) and one hundred Merely ( 120) days before the and of my term of your intent to return the equipment within 30 days
of the end of lean. THE BASE RENTAL PAYMENT SHALL BE ADJUSTED PROPORTIONATELY UPWARD OR DOWNWARD. IF THE ACTUAL COST OF THE EOUIPMENT EXCEEDS OR IS LESS THAN T•E ESTIMATE PROVIDED TO YOU. If any
provision of this Agreement Is declared urenforewtls in any jun:diction the other provisions herein shall remain in full force and effed in that juriedidion end all others You aut us to insert or toned missing information on this Agreement including
your proper legal name, serial nhmben and any other numbers describing the Equipment You agree to provide updated annual and/or quarterly financial statements to us upon request.
2. RENT: Rend W1 he payable in instalments. each In the emoted of the bask rented payment Mom glue any applicable se100, use or propety fax If we pay any lax on your balrett, you agree to reimbuae 1a promptly atong +Mtn a processing fee. You Mt
pay any gnp108b10 security deposit on the data you sign this Agreement. SWsegwnl installments will be payable on the 5rd day of each rental payment period sham beginning after the first rental payment pedal or as otherwise agreed. We MI have the
right to apply ea sums received from you to any amounts due and owed to us under the terms of this Agreement.
9. MAINTENANCE AND SUPPLIES: The Mamas edabiished by ids Agreement include payment for the use of the desgnated Equipment and accessories, maintenance by Supplier (during normal business Mum); Inspection, adjustment, Pads
replacement, drums and leaning material required for IM proper operation. as wet as Nadt toner and develepa. Paper must be separately purchased by customer. Color toner. not included ded in the Agreement will be billed separately. If necessary, the
service end amply portion of this Agreement may be assigned. We may charge You a Supply Freight Fee to cover Our cods of sapping supplies to you.
4. OWNERSHIP OF EQUIPMENT: We are the Owmerof the equipment and have sole auto the equipment (exduding earners). You agree to keep the equipment free end dear of all liens and claims.
5. WARRANTY DISCLAIMER: WE MAKE NO WARRANTY EXPRESS OR IMPLIED, INCLUDING THAT THE EQUIPMENT IS FIT FOR A PARTICULAR PURPOSE OR THAT THE EQUIPMENT IS MERCHANTABLE. YOU AGREE THAT YOU HAVE
SELECTED EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BV US.
6. LOCATION OF EQUIPMENT: You eel keep and use the equipment only al your address sawn above and you agree not to move M unless we agree to it. At the end of the Agreement's term, you will return the Equipment to a location we spedfY et your
expense, in Mail resaleable condition, Ad working order, sod in complete repair.
7. LOSS OR DAMAGE You are responsible for the risk of lass or for my destruction of or damage to the equipment. No such loss or damage relieves you Ism the payment obligations under this Agreement. You agree to promptly notify in In writing of
arty loss or damage end you will then pay to us the preeent value of the total of all unpaid recd payments for the fall nnlal term plus the estimated fair market value of the Equipment et the end of the originally scheduled lem, 00 discounted at six percent
(6%) per yew. Any proceeds of insurance MI be paid to us and credited, at our option, against any bas or damepe. You adhorfze us to sign on your behalf and appoint us as your attorney in fad to execute in your name any insuance drafts or checks
Issued due to loss or damage to to equipment.
6. INSURANCE: You shall, during the Ten, (i) beer the risk of loss and damage (0 the Equipment and shall continue performing el Your 051910ons to Us even if it becomes damaged or august a leas, (11) keep the Equipment insured against all risks of
damage and loss (Property Insurance') in an ennead equal to its replacement cod, nth Us named as sole loss payee' and (iii) cony public liebity insurance covering bodily injury and property damage (Liability Insurance') in an amount acceptable to Us,
with Us named es 'additional Insured.' You have the choice of setlslying theta insuring regdnements by providing Us *rah satisfactory evidence of Property and Liabilty Insurance (Immense Proof'), within 30 days of the Commencemerd Date. Such
insurance proof cost provide tor at least 30 days prior rattan notice to us before it may be atnweled or terminated and must contain other terms satisfactory to Us. If you de not provide Us nIth Insrren00 Proof with 30 days of the Conanencemed Dail, or 7
suet Mammas terminates for any reason, then (a)You agree ibex We have the right, but not the obligation, to obldn such Property Insurance and/or LiaMNy Insurance In such forms end en rants from an Insurer of Our choosing In order to protect Oa
Interests ('Other Iroeaanas')end (b) You agree that We may charge You a pedodie large for such Cher Insurance. This periodic chenge wig include relmbueement for premiums advanced by Us to purchase Other Insranee, Ming end tracking lees,
charges for Our pooesdrg fees associated with the Other Insurance, and a finance charge of up to 1615 per annum (or the maximum rate allowed by law, if less) on any advances We make for premhnrte, (collectively, the Insurance Chaga'). We end0er
one or more of our insurance company affiliates ardlor agents may receive a portion of the Insurance Charge. which may include a profit We are rat obligated to obtain, and may cancel Cher Insurance et any time viand notice to You. Any Other
Marron, need not name You as en Irsaed or paled Your interests. The Insurance Charge may be higher than if You obtained Property and Liability Insurance on Your own.
9. INDEMNITY: We are not responsible for any toss or injuries caused by the installation or use of the equipment. You agree to told us harmless end reimburse us for loss and to defend us against any daim for bases or Injury caused by the Equipment.
10. TAXES AND FEES: You agree to pay den invoiced all tries (Including personal property rex, fines and pandties) and fees relating to this Agreement or the Equipment. You agree to (e) reimburse us annually for all pemond property taxes which we
are required to pay as Leeabr of the Eguipttsr We will file eat personal property, use or other lac return and you agree to pay us a process fee for making such filings In ndMion you agree to pay us a UCC fang fee of 135.00 and reknbase us for all owls
unvohed in doseneniing and savidng this Agreement. You further agree to pay us 575.00 on the date the fad payment is due to cover our investigation, documentation end often administrative coati in onginating this Lease. We remove the right to cage
a fee upon lamination of thla Agreement ratter by trade -up, bupoal a default. Any fee charged under this Agreement may include a pail and is subject to applicable taxes.
11. ASSIGNMENT: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBRENT THE EQUIPMENT OR THIS AGREEMENT. We may sett, assign, or transfer this Agreement without notice. You agree that If era mg. assign, or transfer this
Agreement, the new Owner W0 have the same Harts and benefits that we have now and will not have to perform any Of oer abiigetions. You agree that the rights of the new Over M1 not be subject to any Wean. defenses. or set offs that you may have
against us.
12. DEFAULT AND REMEDIES If you do rot pay any rental payment or other sum due to us or other party when due art you break any of your promises In the Agreement er any other Agreement with us, you wit be in default. If any pen of a payment is
late, you agree to pay a tale chage of 15% Odra payment which Is late or Y lase, the madman charge allowed by law. You agree to pay a charge of 525.00 for each check returned for norrsu010ent /undo or other reasona.11 you are ever In default, we may
retain any applicable aefxalty deposit and at oar option, we Can laminate or cen0N this Agreement end require that You pay (1) the accelerated unpaid balance of This Agreement (asecurded at O%); (2) the amount of eery pat cues option and if none is
specified, 20% of the original equipment cost Mich represents our anticipated residual vetue In the equipment (3) end (alum the equipment to us to a location designated by us. We may recover Interest an any unpaid balmce et the rate of 6• per annum.
We may 0100 use any of the remedies available to us under Mide 2A of the Union Commercial Code es enacted In the State of Teem or Its Assignee or any other law. You agree to pay our res0mable attorneys fees and actual court cods. If we have to
take poseesalon of the equipment, you agree to pay the cost of repoaeesaien, The net paceeds of the sate of any repossessed Equipment vile be Credited against Mat you one us relating to envy claim arising under this Agreement including, but not limped
to, or referral for collodion. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT BY US UNDER THIS AGREEMENT. You agree that any dray or failure to
enforce our rights under MI5 Agreement does net prevent us ham enforcing any rights at e Inter lime. tt la lather agreed that your righta and remedies are governed exdusiveiy by this Agreement and you waive cuat0mer'e nights under Article 2A (505522)
of the UCC.
13. UCC FILINGS: You grant us a security Interest In the equipment if this Agreement is deemed a secured transaction and you authanze us to record a UCC-1 financing statement or similar lndmment and appoint us your attomeryLHad to execute and
deliver ash instrument, In order to ahowour interest In the equipment.
14. CONSENT TO LAW, JURISDICTION AND VENUE: This Agreement shall be governed by, constructed and enforced deemed fully executed and performed In accordance with the lawn of the Hate of Teoaa The panes agree that this
AgreeMent rasa be executed as though executed and performed In Jefferson County, Texas and any legal echoes relating to this Agreement must be Instituted In No courts of Jefferson County. Texas or the applicable Unwed Stator
Dlsteiot Court which shall have exclusive juri.Hcllon. You and we wdva tdd by jury In any action between us.
15. OVERAGES AND COST ADJUSTMENTS: You agree to comply with any Ming procedures designated by us, inducting 'Milting ire of the meter reading at the end of each month. At the end of the flat year of this Agreement and once each successive
melee month period, eve may increase the base usa40 carpe per image end per image large over the base minimum by a madman of 10% of the existing Charge.
16. UPGRADE /DOWNGRADE PROVISION: AFTER INCEPTION OF THE AGREEMENT AND UPON YOUR REOUEST, WE MAY REVIEW YOUR IMAGE VOLUME AND PROPOSE OPTIONS FOR UPGRADING OR DOWNGRADING TO
ACCOMMODATE YOUR NEEDS.
17. Facsimile Signatures: You apse that a facsimile copy of this Agreement bearing authorized signatures maybe traded as an afgtai.
24201 01/15/2010
Non - Appropriation Addendum (for State or Local Govemmental Lease or Loan)
Lessee /Renter /Customer: Title of lease, rental or other agreement:
City of Port Arthur dated
Lessor or Lender: Star Graphics Financial Lease, rental or contract #: 0868026
This Non - Appropriation Addendum (this "Addendum ") is made by and between the above - referenced lessee, renter or other customer
( "Customer") and the above - referenced lessor or lender ( "Creditor").
Introduction: Customer and Creditor are simultaneously herewith entering into the above - referenced lease, rental, loan or other credit agreement
(the "Agreement "); and Customer and Creditor wish to modify and/or supplement the terms of the Agreement, as more particularly set forth herein below.
This Addendum shall be effective as of the same date as the Agreement (the "Effective Date ").
1. Incorporation and Effect. This Addendum is hereby made a part of, and incorporated Into, the Agreement as though fully set forth therein.
As modified or supplemented by the terms set forth herein, the provisions of the Agreement shall remain in full force and effect, provided that, in the event of
a conflict between any provision of this Addendum and any provision of the Agreement, the provision of this Addendum shall control. In entering into this
Addendum, it is the intent of Customer and Creditor to conform the terms and conditions of the Agreement to the requirements of ail applicable federal, state
and local laws, rules and regulations relating to govemmental entities and public finance. If any term or condition of this Addendum is unenforceable or
unlawful, then such provision shall be deemed null and void without invalidating the remaining provisions of the Agreement.
2. Definitions. Capitalized terms herein that are not otherwise specifically defined herein shall have the same meanings as set forth in the
Agreement. As used in this Addendum, the following terms shall have the following -described meanings:
"Goods" shall have the same meaning as the tern °Equipment," "Leased Equipment," "Goods" or "Property" (or a similar term) as defined and
used in the Agreement.
3. Non - Appropriation of Funds. Customer hereby represents, warrants and covenants to Creditor that (a) Customer intends, subject only to
the provisions of this Section 3, to remit to Creditor all sums due and to become due under the Agreement for the full multi -year term thereof; (b) Customer's
goveming body has appropriated sufficient funds to pay all amounts due to Creditor during Customer's current fiscal period; (c) Customer reasonably
believes that legally available funds in an amount sufficient to make all such payments for the full multi-year term can be obtained; and (d) Customer intends
to do all things lawfully within its power to obtain and maintain funds from which all such payments to become due during the full multi-year tern of the
Agreement, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in
accordance with applicable law. Notwithstanding the foregoing, the decision whether or not to budget and appropriate funds is within the discretion of
Customer's governing body. In the event Customer's governing body fails to appropriate sufficient funds to make all payments and pay other amounts due
and to become due during Customer's next fiscal period, Customer may, subject to the terms hereof, terminate the Agreement as of the last day of the fiscal
period for which appropriations were received (an "Event of Non - appropriation "). Customer agrees to deliver notice of an Event of Non - appropriation to
Creditor at least 30 days prior to the end of Customer's then - current fiscal period, or if an Event of Non - appropriation has not occurred by that date, promptly
upon the occurrence of any such Event of Non - appropriation and to retum the Goods pursuant to the retum requirements stated in the Agreement on or
before the effective date of termination. in the event the Agreement is terminated following an Event of Non - appropriation, Customer agrees (but only to the
extent permitted by applicable law) that, for a period of one (1) year from the effective date of such termination, Customer shall not purchase, lease, rent or
otherwise acquire any personal property performing functions similar to those performed by the Goods, for use at the site where the Goods are located,
except as may be required for public health, safety or welfare purposes. Customer and Creditor understand and intend that Customer's obligation to make
payments and pay other amounts due under the Agreement shall constitute a current expense and shall not in any way be construed to be a debt in
contravention of any applicable constitutional or statutory limitations or requirements concerning Customer's creation of indebtedness, nor shall anything
contained herein constitute a pledge of Customer's general tax revenues, funds or monies.
4. Additional Representations. Warranties and Covenants of Customer. In addition to the other representations, warranties and covenants
made by Customer as set forth in the Agreement, Customer hereby represents, warrants and covenants to Creditor that: (a) Customer has the power and
authority under applicable law to enter into the Agreement and this Addendum and the transactions contemplated herein and therein and to perform all of its
obligations hereunder and thereunder, (b) Customer has duly authorized the execution and delivery of the Agreement and this Addendum by appropriate
official action of its goveming body and has obtained such other authorizations, consents and/or approvals as are necessary to consummate the Agreement
and this Addendum, (c) all legal and other requirements have been met, and procedures have occurred, to render the Agreement and this Addendum
enforceable against Customer in accordance with their terms, and Customer has complied with such public bidding requirements as may be applicable to
the Agreement and this Addendum and the transactions contemplated herein and therein, (d) upon Creditor's request, Customer will provide Creditor with a
copy of Customer's current financial statements within 150 days after the end of each fiscal period, and (e) during the term of the Agreement, unless and
until the Agreement is terminated in accordance with Section 3 above, Customer shall provide to Creditor, no later than 10 days prior to the end of each
fiscal period, with current budgets or other proof of appropriation for the ensuing fiscal period, and such other financial information relating to Customer's
ability to continue the Agreement, as Creditor may request. Customer hereby acknowledges that the representations, warranties and covenants
made by Customer in this Addendum and those set forth in the Agreement are being materially relied upon by Creditor in entering into the
Agreement and this Addendum.
5. Indemnification. To the extent Customer is or may be obligated to indemnify, defend or hold Creditor harmless under the terms of the
Agreement, any such indemnification obligation shall arise only to the extent permitted by applicable law and shall be limited solely to sums lawfully
appropriated for such purpose in accordance with Section 3 above.
6. Remedies. To the extent Creditor's remedies for a Customer default under the Agreement include any right to accelerate amounts to
become due under the Agreement, such acceleration shall be limited to amounts to become due during Customer's then current fiscal period.
7. Governing Law. Notwithstanding anything in the Agreement to the contrary, the Agreement and this Addendum shall be governed by,
construed and enforced in accordance with the laws of the state in which Customer is located.
8. Miscellaneous. This Addendum, together with the provisions of the Agreement not expressly inconsistent herewith, constitutes the entire
agreement between the parties with respect to the matters addressed herein, and shall supersede all prior oral or written negotiations, understandings and
commitments. This Addendum may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together
shall be deemed to constitute one and the same agreement. A facsimile or other copy of this Addendum with facsimile or copied signatures shall have the
full force and effect of the original for all purposes, including the rules of evidence applicable to court proceedings.
Customer: City of Port Arthur Creditor: Star Graphics Financial
By: X By: X
Print: Print:
Title:
Title:
!id314 00
•
S tar '* Rental AP ICAT ON NO.
CONTRACT NO. graphics Agreement
4785 Eastex Freeway • Beaumont, Texas 77706 • Phone: 409 - 866 -1405 • Fax: 409 - 892 -6323
This document is written in "Plain English ". The words you and your refer to the customer. The words Owner, we, us and our refer to Star
Graphics Financial. Every attempt has been made to eliminate confusing language and create a simple, easy - to-read document.
CUSTOMER INFORMATION
FULL LEGAL NAME STREET ADDRESS
City of Port Arthur 444 4 St
CITY STATE ZIP PHONE FAX
Port Arthur TX 77642 409 - 983 -8160
BILLING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS
CITY STATE ZIP FEDERAL TAX I.D -# E-MAIL
EQUIPMENT LOCATION (IF DIFFERENT FROM ABOVE)
City of Port Arthur Operation Center, 201 West H.O. Mills Blvd., Port Arthur, TX 77642
MAKE /MODEL NO. /A CCESSORIES SERIAL NO. STARTING METER
Sharp MX B402SC
RENTAL TERMS RENTAL PAYMENT AMOUNT SECURITY DEPOSIT ADVANCE PAYMENT
Term In Months
Monthly Payments of $ 175.96
63 (Plus Applicable Taxes) $ 0 OR $ 0
(MOS.) Rental Payment Period is Monthly Unless Otherwise Indicated. (Plus Applicable Taxes) (Plus Applicable Taxes)
Payment includes 5,000 B&W images month Excess Image Charge Monthly at N/A per B&W image
Payment includes N/A Color images per month Excess Image Charge Monthly at !ILA_ per Color image
END OF TERM OPTIONS: You will have the following options at the end of the original term. provided the Agreement has not terminated early and no event of default under the Agreement
has occurred and is continuing. 1. Upgrade the Equipment and begin a new Rental 2. Renew the Rental per paragraph 1. 3. Return Equipment as provided in Paragraph 6.
OWNER ACCEPTANCE
Star Graphics Financial
DATED Owner SIGNATURE TITLE
CUSTOMER ACCEPTANCE
City of Port Arthur X
DATED CUSTOMER SIGNATURE TITLE
PRINT NAME
GUARANTY
As additional Inducement for us to enter into the Agreement, the undersigned ('you ") unconditionally, jointly and severalty, personally guarantees that the customer will make all payments and meet all obligations required under
Agreement and any supplements fully and promptly. You agree that we may make other arrangements Including compromise or Settlement with the customer and you waive all defenses and notice 01 those changes and will r-
responsible for the payment and obligation of this Agreement. We do not have to notify you If the customer Is in default If the customer defaults, you will Immediately pay in accordance with the default provision of the Agree
Writ due under me Went M Me Agreement end will perform all the obligations of the Agreement It It is necessary for uS to proceed *Isar t0 'worm 5511 guaranty, You expressly consent to the lurb lctien of the court
paragraph 15 and agree to pay all costs. Inducting attorneys fees incurred m enforcement Of MIS guaranty. 1 is not necessary for us to proceed first against customer before enforcing this guaranty. By signing thls gu
authorize us to obtain credit bureau reports for credit and collection purposes. J /
X
PRINT NAME OF GUARANTOR SIGNATURE DATED
ACCEPTANCE OF DELIVERY
You certify that all the equipment listed above has been furnished, that delivery and Installation has been fully completed and satisfactory. Fudher, all conditions and terms of this Agreement have been revie
Upon your signing below. your promises herein will be irrevocable and unconditional in all respects.
City of Port Arthur X
DATE OF DELIVERY CUSTOMER SIGNATURE TITLE
THIS IS A NONCANCELABLE / IRREVOCABLE AGREEMENT, THIS AGREEMENT CANNOT BE CANCELED OR TERM
•
Star , Maintenance Agreement
grajpli 1 C s Date 10/30/2012
Customer #
4785 Eastex Freeway, Beaumont, TX 77706 Representative Chris Wolfe
Phone: (409) 892 -0671/ Fax: (409) 892 -6323
SHIP TO BILL TO
City of Port Arthur - Operation Center City of Port Arthur - Operation Center
201 West H.O. Mills Blvd 201 West H.O. Mills Blvd
Port Arthur TX 77642 Port ArthurTX 77642
Contact: Allison Walker -
Meter Contact: Cliff Williams
Phone /Fax 409 - 983 -8511 409 -983 -8160
E -Mail ailsion.walker @portarthurisd.net
Installation and Service Agreement Options: Appropriate categories must be initialed by the Client In the box to the left of the option.
Maintenance Type: Includes: Ports, Labor, Drums & Toners
Contract Start Date: Upon Arrival
Contract Term: 63 months
Minimum Invoice Amount is $30.00
ITEM Base Rate Base Allowance Base Billing Overage Rate Overage Cycle
B/W 0.013 5,000 per month INCLUDED $0.0130 Monthly
Model Serial Number ID Number Mono Meter Color Meter
MX- B402SC
Star Graphics, Inc. agrees to provide service and maintenance support to customer for the equipment listed on Equipment List, (the "Equipment"), attached hereto
as Exhibit A or listed on this document and made a part of this agreement, subject to inspection and acceptance by Star Graphics, Inc.
1. Acceptance
Acceptance of this agreement by Star Graphics, Inc is contingent upon the absence of any mathematical error and upon consistency with Star Graphics, Inc's then
current prices, and upon Star Graphics, Inc's determination that equipment is in proper operating condition. Inspection and repairs necessary to bring equipment to
proper operating condition shall be billed at Star Graphics, Inc's then current prices. This Agreement shall not be binding upon Star Graphics, Inc unless an officer
of Star Graphics, Inc approves and accepts this Agreement by signing the Agreement.
2. Term
The initial term of this agreement is for one year from the service commencement date or as specified on the face of this agreement. This Agreement shall renew
automatically for successive periods of one (1) year, on the same terms and conditions at Star Graphics, Inc's then prevailing prices, except that it shall not be
renewed if either party provides written notice of non - renewal at least thirty (30) days prior to the expiration of the then-current term of the Agreement.
CUSTOMER ACCEPTANCE STAR GRAPHICS, INC. REPRESENTATIVE
Pr-lei are 'ins Title
Autrr.z S•anurure Date Signature Date
1 of 1
Terms & Conditions Continued
3. Service Availability
Remedial service may be requested by calling the Service Dispatcher. Star Graphics, Inc will provide service and maintenance under the terms of this agreement during
the principal period indicated as Monday through Friday, between the hours of 8:OOam and 5:OOpm, excluding generally accepted holidays.
Preventive maintenance will be performed in accordance with Original Equipment Manufacturer's (OEM) specifications, as determined by Star Graphics, Inc. Star
Graphics, Inc shall respond, on -site, to all unscheduled remedial service requests. Except as otherwise provided herein, Star Graphics, Inc agrees to provide service and
maintenance support, with respect to the Equipment listed to maintain the equipment in good working order, but Star Graphics, Inc shall not be responsible for normal wear
and tear or depreciation. For those maintenance options in which parts are additional, Star Graphics, Inc shall, in its sole discretion, establish the prices it charges
customers for replacement parts and components. Parts and components shall be fumished on an exchange basis and shall be selected by Star Graphics. Inc, and shall
be new or perform substantially similar to new parts and components. Replaced parts or components shall become the property of Customer and exchanged parts shall
become the property of Star Graphics, Inc. Any parts or service necessitated by the software, cabling or anything else not purchased from Star Graphics, Inc, as part of this
system will be charged at the prevailing rates for our connected product line.
4. Charges
Service and maintenance charges shall be payable by Customer in accordance with the payment terms set forth in this agreement. In addition, Star Graphics, Inc shall
invoice Customer, at Star Graphics. Inc's then-current hourly rates and parts prices, for services and for parts supplied which are not covered by this agreement. In addition
to the part prices and service charges payable hereunder. Customer shall pay all sales and use and other applicable taxes and shipping costs related to Star Graphics.
Inc's provision of parts and services hereunder. All charges and costs for which Star Graphics, Inc sends an invoice to Customer shall be due and payable, in full, thirty
(30) days from the date of the invoice. In the event Customer fails to pay, when due, any invoice or other amount payable hereunder, Customer agrees to pay Star
Graphics. Inc a late payment charge on all past due amounts equal to the lesser of one and one halt percent (1.5%) per month or the highest interest rate allowed by
applicable law; provided however, that this shall not be an election of remedy. Customer shall pay on demand all of Star Graphics, Inc's costs and expenses, including
reasonable attomey's or collection agency's fees, incurred In enforcing Customer's obligations under this Agreement.
5. Exclusions
Service and maintenance support to be provided under this Agreement does not include repairs, replacement of parts and labor caused by, arising from, related to or made
necessary by a) use of equipment In a manner not recommended by OEM; b) failure to continually provide a suitable installation environment, including but not limited to,
adequate electrical power. air conditioning or humidity control; c) Customer's improper use. management, or supervision of covered equipment; d) accident and disaster,
including but not limited to, fire, flood, water, wind, or lightening; e) electrical work, devices, cables, etc., external to the equipment; f) the maintenance of accessories,
alterations, attachments or other devices not covered by this agreement; g) excessive electrostatic discharge, improper grounding, improper power line protection; h)
service providers and parts installers other than the Star Graphics, Inc.
6. Termination
This Agreement may be terminated under any of the following conditions: (a) Either party may Immediately terminate this agreement or any renewal hereof by giving prior
written notice of such termination to the other party in the event such other party becomes insolvent or institutes or permits to be instituted against it any proceedings
seeking its receivership, trusteeship, bankruptcy, reorganization, readjustment of debt, assignment for the benefit of creditors, or other proceedings under the Federal
Bankruptcy Act or as provided by any other insolvency law, state or federal. to the extent such termination is valid under such law. (b) Star Graphics, Inc may Immediately
terminate this Agreement, or may suspend services to be provided hereunder, at any time by giving prior written notice of such termination or suspension to Customer in
the event Customer fails to pay, when due. any invoice or other amount due under this Agreement. (c) Ether party may terminate this Agreement for a non- monetary
default. if the other party fails to perform any of its material obligations set forth in this Agreement (a "Material Default"), and such failure continues for more than thirty days
after written notice is sent by the terminating party specifying the nature of the failure. Upon termination of this agreement for any reason, Star Graphics, Inc's obligation to
provide service and maintenance support, as herein set forth, shall immediately cease and all outstanding invoiced amounts due by Customer to Star Graphics, Inc shall,
notwithstanding prior involve terms, become immediately due and payable. Any amounts paid by Customer to Star Graphics, Inc for service and maintenance support shall
not be refundable, If this Agreement terminates prior to the end of any term for any reason other than Star Graphics, Inc's Material Default, Star Graphics, Inc's insolvency
or the institution of bankruptcy proceedings against Star Graphics. Inc, Customer shall be obligated to pay Star Graphics, Inc on demand the price of a full one -year term
as set forth in this agreement. if this Agreement terminates due to Star Graphics, Inc's adjudged Material Default, Star Graphics, Inc's insolvency or the institution of
bankruptcy proceedings against Star Graphics, Inc, Customer shall be obligated to pay Star Graphics, Inc on a prorated basis for that portion of the terminated Agreement
which runs from the Service Commencement Date, or its anniversary date for any renewal term, to the effective date of the termination.
7. Limitation of Liability
STAR GRAPHICS, INC SHALL NOT BE HELD RESPONSIBLE FOR STAR GRAPHICS, INC'S INABILITY TO PROVIDE TIMELY SERVICE DUE TO DELAYS. IN NO
EVENT WILL STAR GRAPHICS, INC, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS. OR AFFILIATES, BE LIABLE TO CUSTOMER FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES. INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LIABILITY TO THIRD PARTIES, AND THE LIKE, ARISING OUT OF THE USE OR
INABILITY TO USE THE EQUIPMENT. STAR GRAPHICS, INC'S LIABILITY TO CUSTOMER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION. WILL BE LIMITED TO, AND IN NO EVENT EXCEED THE AMOUNT PAYABLE BY
CUSTOMER FOR SERVICE AND MAINTENANCE SUPPORT ON THE UNIT OF EQUIPMENT INVOLVED, AS RECITED IN THIS AGREEMENT FOR THE THREE (3)
MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH ALLEGEDLY GAVE RISE TO THE DAMAGES.
8. Indemnification
Each party shall indemnify and hold the other harmless from and against any claim, loss, liability. or expense, including but not limited to, damages, costs and attomey
fees, arising out of or in connection with any acts of omissions of the other party and Its agents and employees.
9. General
This Agreement and its attachments, as accepted by Star Graphics. Inc and Customer, supersede any previous written or oral agreements or understandings between the
Parties concerning the subject hereof, and constitute the entire such agreement between the parties. No amendments or additions to the terms and conditions of this
Agreement shalt be valid unless set forth In writing and signed by an authorized representative of each of the parties. Waiver by either party of a breach of any of the
provisions hereof shall not constitute a waiver of any succeeding breach of such provision or a waiver of such provision itself. The invalidity or unenforceability of any term
or provision of this Agreement shall in no way impair or affect the remainder thereof. which shall continue in full force and effect.
This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Texas. Any disputes under the Agreement or concerning the
business relationship between the parties must be litigated exclusively in the Courts of the State of Texas. If, however, the parties have agreed in writing to arbitrate their
disputes, the arbitration must take place exclusively in the State of Texas unless the parties have agreed to arbitrate elsewhere. The prevailing party in any action
conceming this Agreement or the business relationship between the parties shall be entitled to an award of costs and reasonable attorney's fees. Any notice or other
communication required under this Agreement shall be deemed to have been duly given if it is delivered personally or by facsimile with proof of receipt, or sent by
registered or first-class mail, return receipt requested, first-class postage prepaid, to a party at the address listed , or at such other address provided by the party.
10. Acceptance Initial
•
National Cooperative Program Purchase Order (dap NUMBER 021808 -SP
Installing Dealer City St Email
Dealer Information l Customer Information r
Name 5+0.e cc \?L;c3' Name �il[y` Po r+ PA N
Tax Exempt # + f� �
Address t- ( - 7 1SE &- -4'2)t Re. v,rgt Address «�V 4 " J
Cit State, Zip t?au,ort r 1 TX - 7^1706 City, State, Zip (J /1TTW1//li/l 7 -6`iZ
Phone 1' 1c1 Z. — O(a 7 1 Phone
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Model/Description /Package Quantity Unit Price Price Extension
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Customer Acceptance and Participating Membership Agreement. Customer PO Number
The undersigned agrees that the Sharp equipment described above will be purchased based on the terms and conditions specified under the
National Cooperative Program (NCP). The undersigned customer also agrees by the signature below that the agency is accepting
Participating Membership with the National Joint Powers Alliance (NJPA). The applicant does not claim any organizational proprietary
interest and is indemnified and held harmless of all organizational claims, liabilities or actions. The applicant signature allows access to
other cooperative purchasing contracts, programs and services. Participation Membership is at no cost or obligation. For contract
procurement files, NJPA Bylaws and online membership registration go to www.nioacoon.org . Terms Net 45, 18% per annum.
Dealer Printed Name Customer Printed Name
Dealer Signature & Date Customer Signature & Date
CUSTOMER SIGNATURE REOUIRED PRIOR TO ORDER PLACEMENT
(NCP) National Cooperative Program - 200 First St NE, Staples, MN 56479
Fax Orders To 218 -894 -5495
218-894-5484 218-894-5481
www.niPacooD.org Jackson
8- 894-- 5484 218 - 8945481
Machel.Marshallanioacoop.orq Carol.Jacksona@niaacooa.orq National Joint Powers Alliance'
12/16/09 3
Scooe of Work Aareement
Overview
The purpose of this installation is to integrate the MFP onto the existing network as a network printer /copier, using
the MFP and Network Interface Board (NIB).
Star Graphics, Inc. (SGI) will deliver the MFP with NIB.
The client will provide cabling capable of running 10 /100 mbs, a patch cable with R] 45 connectors, an active
designated hub port with a unique print queue and static IP address.
Implementation
SGI, in coordination with the client, will assist with the install of the MFP onto the network. The client will be
responsible for supplying a patch cable with R3 45 connectors, an active designated hub port with a unique print
queue and static IP address prior to installation. SGI will assist loading software onto the server and /or up to (4)
designated PC's. SGI will provide up to two (2) hours training for one network administrator, if needed, to install
software onto remaining PC's and provide printer applications training for network use.
* Successful installation is the ability to print a standard test page from a designated workstation to the MFP.
Considerations
Once a successful installation * has been proven, SGI considers the Project complete. If a client has other
applications, programs or initializes any reconfiguration of the existing network where SGI's assistance is needed,
a commitment in the form of purchased timeblocks ** or hourly rates * ** will be necessary. Given the various
forms of software and their applications, SGI cannot guarantee broad - spectrum integration and functionality with
the MFP software. The site survey revealed the following software which may have limited features use:
Installation Schedule
This install requires a network representative from the client to be present. In the event that a network
representative is not available, please call (409) 892 -0671 and reschedule. Failure to reschedule within four (4)
business hours of your appointment may result in trip charges.
* Successful installation is the ability to print a standard test page from a designated workstation to the (Product).
** Time blocks are discounted blocks of time, which can be purchased in (2) hour minimums, to help manage
costs on connectivity issues.
* ** Hourly rates vary depending upon which zone the client is located. A minimum of (1) hour will be billed and
1/2 hour increments thereafter.
This Scope of Work Statement supplements the purchase order /sales documents between the parties, but does
not replace the terms thereof.
Date:
Star Graphics, Inc.
Date:
C lient.Signature_