HomeMy WebLinkAboutPR 18312: LEASE AND MAINTENANCE, TOSHIBA COPIER WITH MANNING'S OFFICE SOLUTONS PORT ARTHUR FIRE DEPARTMENT
MEMORANDUM
To: John A. Comeaux P. E., Interim City Manager
From: Larry D. Richard, Fire Chief
Re: Proposed Resolution 18312
Date: May 5, 2014
COMMENT
RECOMMENDATION
The Fire Department recommends that the City Council authorize the City Manager to execute a sixty -
three (63) month lease with maintenance agreement with Manning's Office Solutions of Beaumont,
Texas, through Tips/Taps for a copier for Central Fire Station in a monthly amount not to exceed
$197.81, a one -time documentation fee of $69.50, and maintenance fee in a monthly amount not to
exceed amount of $50.00.
BACKGROUND
The Fire Department currently has a copier leased from Kyocera Mita America on a month to month basis
at an annual cost of $3,657.36. The Purchasing Department secured pricing through Tips /Taps contract #
3032212 for the new lease from Manning's Office Solutions. The maintenance agreement monthly cost is
based on a per image actual use charge of .01. The Fire Department estimates a $50.00 per month
maintenance agreement cost, which will cover parts, labor, drums and toner.
BUDGET/FISCAL EFFECT
Funds are available in Account Number 001 - 1121 - 522.51.00 for this lease and maintenance agreement.
STAFFING/EMPLOYEE EFFECT
None
SUMMARY
The Fire Department recommends that the City Council authorize the City Manager to execute a sixty -
three (63) month lease with Manning's Office Solutions of Beaumont, Texas with Tips/Taps pricing for a
copier for Central Fire Station in a monthly amount not to exceed $197.81, a one -time documentation fee
of $69.50, and maintenance fee in a monthly amount not to exceed amount of $50.00.
"REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P.R. No. 18312
5/5/14 ldr
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A LEASE AND MAINTENANCE AGREEMENT
FOR A TOSHIBA COPIER WITH MANNING'S OFFICE
SOLUTIONS OF BEAUMONT, TEXAS, THROUGH TIPS /TAPS
IN A MONTHLY AMOUNT NOT TO EXCEED $197.81, A
ONE -TIME DOCUMENTATION FEE OF $69.50, AND
MAINTENANCE FEE IN A MONTHLY AMOUNT NOT TO
EXCEED $50.00; FUNDING AVAILABLE IN ACCOUNT NO.
001 - 1121 - 522.51 -00.
WHEREAS, the Fire Department currently has a copier
leased from Kyocera Mita America on a month to month basis
at an annual cost of $3657.36; and
WHEREAS, pursuant to Chapter 271, Subchapter D, of the
Local Government Code, a city may participate in
cooperative purchasing programs established by the State
Facilities Commission for the purchase of goods at prices
established through purchase contracts of the Commission;
and
WHEREAS, the new lease agreement from Manning's Office
Solutions through Tips /Taps contract #3032212 will supply
one (1) copier lease for $197.81 per month with a one -time
documentation fee of $69.50; and
WHEREAS, the maintenance agreement covers parts,
labor, drums and toner, and will be charged at 0.01 per
image based on actual use, estimated to be $50.00 per month
WHEREAS, funds for this lease and maintenance
agreement are available in account number 001- 1121 - 522.51-
00; and
WHEREAS, this will be a sixty -three (63) month lease
with maintenance agreement with the option to cancel if
funds are not budged in subsequent fiscal years; and
WHEREAS, a copy of the lease agreement is attached
Exhibit "A ", and a copy of the maintenance agreement is
attached as Exhibit "B ".
P.R. No. 18312
5/5/14 ldr
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 Manager is hereby
authorized and directed to execute a lease and maintenance
agreement with Manning's Office Solutions of Beaumont,
Texas through Tips /Taps in a monthly amount not to exceed
$197.81, a one -time documentation fee of $69.50, and
maintenance fee in a monthly amount not to exceed $50.00.
Section 3. That a copy of the caption of this
resolution shall be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2014, at a Regular Meeting of the City Council of the
City of Port Arthur, Texas, by the following vote: AYES:
MAYOR:
COUNCILMEMBERS:
NOES:
Deloris Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
v= -no, Cit At rney
a-sz Ae Arlf y
P.R. No. 18312
5/5/14 ldr
APPROVED FOR ADMINISTRATION:
John A. Comeaux P. E.,
Interim City Manager
APPROVED AS TO AVAILABILITY OF FUNDS:
Deborah Echols, Director of Finance
Shawna Tubbs, Purchasing Manager
P.R. No. 18312
5/5/14 ldr
EXHIBIT "A"
___ _ _ _ _ ___ _
M anning' s
office solutions Sales Agreement
1510 N. 7t' St. / Beaumont, TX. 77703 / Office 409-899 -1122
Date: 4/9/2014
Customer Ship To Customer Bill To - I
Company: Port Arthur Fire Department Company Name Port Arthur Fire Department
Address: 300 Waco Ave Address: 300 Waco Ave
City: Port Arthur 'St: Texas kip: 77642 City: Port Arthur 1St: Texas 'Zip: 77642
Contact: Larry Richard Contact: Larry Richard
Ph: 409- 983 -8734 IFax: Ph: 409 - 983 -8734 IFax:
Email: Email:
Salesperson P.O. Number Transaction Type
Shane Droddy Lease
Quantity Description Model Unit Price 1 Total
1 50 PPM Digital Copier eStudio 506 $10,411.00 $10,411.00
1 Bridge Kit KN2520
1 Console Finisher MJ1101
1 Hole Punch MJ6103
1 100 -Sheet RADF MR3022
1 Power Filter 120V -15 AMPS PWRFLTR- XGPCSI5D
1 Stand STAND3551455
1
1 TIPS/TAPS Contract #3032212
I Lease Options Subtotal $10,411.00
I 36 Months FMV $308.17 per Month Salo, Tax S0.00
48 Months FMV $254.03 per Month Total I S10,411.00
63 Months FMV 5197.81 per Month
One Time Documentation Fee: $69.50
Maintenance Agreement (OPTIONAL)
images Included & Rates Items Covered In Maintenance Agreement
Type 1 Rate I Included Parts & Labor
Mono 0.01 Only
Color Parts, Labor, Drums &
Contract Billed: Toner
Overages Billed: Parts, Labor. Drums,
Total Contract Amount Billed per Image Toner & Staples
Sales Agreement Special Instructions
*When used as a proposal, Manning's Office Solutions will honor the details of this document for a period of 30 days.
* All applicable taxes will be added.
Customer Signature: Date:
THANK YOU FOR YOUR BUSINESS!
AGREEMENT GREATAMER(CA FINANCIAL SERVICES CORPORATION
025 FIRST R 52406-0609
STREET 4IDSbA2a0,
GreatAmerica' P0
PO BOX ape9, CEDAR RAPIDS IA S IA 5
bbtt111=I F I N A N C I A R E I T E R V I C E S AGREEMENT NO,: 960425
CUSTOMER , You oat YouR m
FULL LEGAL NAME: Port Arthur, City of
ADO 444 4th St Port Arthur TX 776404450 •
VENDOR rvt-rtcrrirr NOT OWNER s AL,LtWI NON it, vLUDCtR 1.W 1O IZF_D rrr wAIYL OR AL IER Arev 1 ERNI OR COu(I HON Of THIS AGRE,Err•EN Ty
Print Venture, LLC Beaumont, TX
EQUIPMENT AND PAYMENT TERMS
TYPE MAKE MODEL NUMBER SERIAL NUMBER AND INCLUDED ACCESSORIES _ ■ SEE ATTACHED SCHEDULE
1 Toshiba e- STUDIO506 Copier
EQUIPMENT LOCATION: As Stated Above (•PLUS TAX)
TERM IN MONTHS: 63 MONTHLY PAYMENT AMOUNT': . $197.81 PURCHASE OPTION: Fair Market Value
DDITIONAL TERMS AND CONDITIONS
AGREEMENT. You wad to to pay your Vendor for pie equipment (*MAW herein rEgtipmenn and you dl • IIRANCE, You agree to maintain comprehona'vo liability insurance acaplable 10 us. You also agree
agree to pay us the amounts payabe under the temp of this agreement ('Agreement') each period by to 10:1) keep the Equipment fey insured against loss et its replacement cost, with us named a loss payee:
due date. This Agreement wdl begin on Ora date the Equipment is delvered to you or arty later date we and 2) provide proof of insurance satisfactory to us no Idler than 30 days foaming the commencement of
designate. We may drarge you e toasonntfte fee to corer documentation and bnunuagation oeait. M any this Agreement and thereafter upon our written mount. If you fail to maintain property loss Insurance
amount paystts to us is not 00 when due. you W41 pay a late charge equal to: 1) the greats of inn OM safsfedoy to us antra you fall to timely provide prod of such trtsuranoa, we have the option, but not to
suite for each caller overdue or twensy eis doers (128.00): or 2) rho highoe1 0 charge, if less. 0b gedon, to secure property loss Insurance on to Equipment from a carder of our dosing in such
NET AGREEMENT. THIS AGREEMENT q NON•CANCELABLE FOR THE ENTIRE AGREEMENT TERM. forms and amount as wo doom reasonable to protect our kitetests. If we wane Insurance on the
YOU UNDERSTAND WE ARE PAYING FOR THE EQUIPMENT BASED ON YOUR UNCONDITIONAL Equiprnenl, we *Al nob Kane you es an Inawed party, yon Interests may not be 1uly i roteded. and you
ACCEPTANCE OF (T AND YOUR PROMISE TO PAY US UNDER THE TERMS OF THIS AGREEMENT, call fokol w e us the premium which may au hiller pawn the Worthier' you woad pay if you obt01ned
WiTHOUT SET.OFFS FOR ANY REASON, EVEN W THE EQUIPMENT DOES NOT WORN OR E Insurance, end witch may result In a Areal to us Ihragh an investment In reinsurance. a you em current ion
DAMAGED, EVEN IF T 15 NOT YOUR FAULT. at of your obligations under the Agreement et the time el toss. any insurance proceeds received will be
EQUIPMENT USE You nth keep the Eoa4pmnnf in gaol wrung order, use n for business purposes only, applied, el our option. to repair a replace the Equipment, or b pay us the rem0lling payments due or to
and rat noddy a move if from es MEN location *Mort err consent You must resdre any dispute you may become Maunder PM: Agreement plus ow booked residual. both dissented at 3% per annum.
Ina ooroemirg our Ettulemam stint the memtaArot or Vendor. Payment under rte Agreement may TAXES. We am the Equipment, You WI pay when duo, eider directly or by reimbursing acs, ell Woes and
indite seam% you owe your Venda under a Worth! arrangement (ter mdrnanancs, service, suppiles, fees teem to to £quipmem and this Agreement Sales or use tax due upfront wil be payable ova the
etc.), which amounts may be invoiced by us on your vandals behalf fa your o(xrvadencal reran with a farce charge.
SOFIWAREIDATA. Exalt as predict In this paragraph, references to'Eq tpmonr Include any software END OF TERM. At the end of two term of this Agreement (or any renewal term) (the "End Deal, this
sterol eed sbeve or *WNW on the Equipment. We do not own Ma software and cannot palter any Interest Agreement renew month *month unless a) you ring* us written notice, et feast 30 days prix to the
M it to you. Wo era not responsible for the software or Me obfiga/ais Of you Or the liana, under any license End Date, of your Intent to return rho Equipment, and b) you timely return the Equip'nem to the location
epnemaht You are solely reepo(asiaba for paotsGcbg and removing any can dentiet detafrmgos stored on designated by us, at your expanse. 0 a Purchase Option is indicated above and you ere not in defauM on
Me EgUGOImnt prior to lb Hearn to any reason. our End Dote, you may purchase tare Equipment nom us AS IS' for the Purchase Option puce. if the
NO WARRANTY. WE MAKE NO WARRANTIES, EXPRESS OR MPUED, INCLUDING WARRANTIES OF relrned Equlpment Is not Immodmtry available for use by another without need of repair. you
IIVICHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE ACCEPTED THE reimburse us to at malt costs, You cannot pay off this Agreement a return the Equipment pia to the
EQUIPMENT •AS4$ . YOU CHOSE THE EQUIPWENT, THE VENDOR AND ANY/ALL SERVICE End Date wia(out our consent. C wo uxmsent wo may chortle you. in eddilon to other amounts owed. in
' PROVIDER(S) BASED ON YOUR JUDGMENT. YOU MAY CONTACT YOUR VENDOR FOR A arty termination fee equal to 5% of the amount we paid for the Equipment
STATEMENT Of THE WARRANTIES. IF ANY, THAT THE MANUFACTURER OR VENDOR 13 DEFAULT AND REMEDIES. 0 you do not pay any son within 10 days after it dare data. or K you breech
PROVIDING. WE UTAH TO YOU AMY WARRANTIES GWVEN TO US. any oDtar tam of stn Ageement or any eller agreement with us. you %0u be In defautL and we may
ASSIGNMENT. You may not sea, assign or sublease fie Equipment or this Agreemem with= our %Ofte0 require that you rem the Equipment to us at your expense and pay us; 1) all past due arsons and 2) a!1
cent, We may sod or assign pas Agreement or our rights M the Equipment M or in putt, to a third smelling esymene) to Oa unexpired term, plus our booked residual, both dlsWUnted at 4% per annum.
party without notice *you. You woe that Uwe do so, pmt assignee wfa have o$ rights but cant not be subject We may also use all other legal remedies 0vtireble to us, Inducting disabling or repossessing the
*any dam. defense. or set•otf amenable against us or anyone else. Equipment. You agree 10 pay !t1 our cost and comes. including reasonable attorney fires, Incurred In
LAW/FORUM. Tins Agreement and any data related to OM Agreement w11 be governed by Iowa law. Any enforcing tn1s Agreement. You also agree to pay Interest on ell par duo amounts, from the due data, et
dsputa rail be adjudicated Inc MN or federal Cart located In Um Corny, ran, You consent to personal 1.594 pet monk
iwtdction and venire In such carte end walyo transfer of venue. Each party waives any NMI to alley alai, UCC. You agree tut bits Agreement Is (andlor shaft be treated as a 'Finance blase' as that term is
LOSS OR DAMAGE. You are responsible to any damage to or loss of the Equipment No suet foss or dented M Article 2A of Me Uniform Con n erdat Cody ('UCC'). You agree to forgo ere rights and
damage w1n relay° you from your payment obligations herourdet. We ere not responsible ter. and you WS remain provided under sections SOT-522 of Andrea 2A of the UCC.
Indemnify us against, any dame, tosses or damages, indurf g.honey foes, an erg way relating to Be MISCELLANEOUS. This Agreement is the entire agreement beMreen you add us end supersedes any
Equipmeni. M no event WO we be iable Ill Any =sequential or Indirect damages. prix representations or agreements, including wry purchase Orden. Amounts payable under mis
Agreement may include a path to us. The original of Otis Agreement sisal be that copy wtedh bears your
Wehrle ar original signok,re. ond which beers ow original signature. Any change most be in writing
APPLICABLE TO GOVERNMENTAL ENTITIES ONLY
You hereby represent and warrant to us pal as of M date of re Agreement: (a) to • •; who abated the Varna, had full power and a rionty to cxecuto the Agreement on your behalf: (b) am requbed
procedures nc0essary iv moo the Agraemcnt a Mgr, and binding °begot* against you hoe been followed; (c) the Equipment *0 be operated and controlled by you end wit be used for ease It government
purpose, to the entre farm of to Agreement; (d) pat at payments due and payabe to the wrier fiscal year ere wftten the oa(rrani budget end are within an agave, unem 8*uxtc , and unencumbered appropriation:
(s) you Nerd to pay el amounts payable under the terms of the Agree,..uud when due, ff funds are legally ev01t(able to do mg) you obligations to remit amounts under the Agreement constitute a current expense end
net a debe ceder eppitosble etne law', (g) no provision of to Agreement ca sktutes a pledge of your tax or general revenues; and (h) you *Al comply with any applicable Intonation reporting requirements Of the tax
reed*, witch may include 803,43 or 8038•0C Inlomraion Return If funds era not approprated to pay amount dos under the Agreement for any Moo risco peered, you shall have me right to return to Egilprnent end
terminate tie Agrernom on to beat day of the fiscal period fa *Nell funds were avalable, without penny or additional eapenso to you (Ober than the expense of returning to Equipment to the locator designated by
IA), provided Oat a Nett Slimy (30) days rke to ere sten of the fiscal period for which funds were not epproptals0. your Chief Executive Mr (or Legal Cornet) delivers lo us a ar8M1cate (or opinion) certifying that _
(e) you ere e state or a My constituted po*lcat subdivhbn or apeouy of tie state In wtadn you are located: (b) funds have not been appropriated for to app icebto fiscal ponod to pry amounts dire under the
Agreement (c) such na4ppropria8en did not result from any at or failure to ad by you; end (d) you have etheusstad e1 funds legally available for ere payment of amounts due under the Agreement. You agree that
tie s' - slat • t if and to Me extent teat sate law • - Was . from a into the . j • • lithe , • emote constitutes a mutt ar unconditional . • . nt obi , :.. .
OWNER I cun_ a c, k , CUSTOMER'S AUTHORIZED SIGNATURE
THIS AGREEMENT IS NON.CANCELABLE FOR THE FULL AGREEMENT TERM. THIS AGREEMENT IS BINDING WHEN WE FUND VENDOR FOR THE EQUIPMENT.
OWNER: OreaatAmerica Financial Services Corporation CUSTOMER: As Stated Above) 1
SIGNATURE' DATE: ,IUQNATuRl; X , I0ATE:
PRINT NAME S TITLE: _ `PR 7aTLE;
CERTIFICATE OF DELIVERY ANC) ACCEPTANCE _
The Customer hereby caffdha Stet art the Equipment: 1) has been received, instaled, and Impeded, end 2) is My opereti0aI and unce ndiliotaay rimer/W.
SIGNATURE: X NAME AND 'TiTT E: DATE:
VQ01I TLL-0510 04/75/14 220
P.R. No. 18312
5/5/14 ldr
EXHIBIT "B"
Manning's
office solutions Copier Maintenance Agreement
1510 N. 7th St. / Beaumont, TX. 77703 / Office 409 - 899 -1122
Date: 4/9/2014
Customer Ship To Customer Bill To
Company: Port Arthur Fire Department Company: Port Arthur Fire Department
Address: 300 Waco Ave Address: 300 Waco Ave
City: Port Arthur St: Texas Zip: 77642 City: Port Arthur St: Texas Zip: 77642
Contact: Larry Richard Contact: Larry Richard
Ph: 409 -983 -8734 Fax: Ph: 409- 983 -8734 Fax:
Email: Email:
Maintenance Agreement Details
Effective Date: Contract Billed:
Expiration Date: Overages Billed:
Mono Images Included: Color Images Included:
Mono Rate Overage / per Image: 0.01 Color Rate Overage / per Image:
Mono Contract Amount: Color Contract Amount:
Total Contract Amount:
Items Covered in Maintenance Agreement
Parts & Labor Only Parts, Labor, Drums & Toner Parts, Labor, Drums, Toner & Staples
Y
Equipment Details
Make Model Serial # ID # Beginning Meters
Toshiba eStudio 506 Mono: Color:
Mono: Color:
Mono: Color:
\lono: Color:
Maintenance Included in Lease (If Applicable)
Lease Term Images Included in Lease Mono Overage Rate Color Overage Rate
Mono: N/A
N/A N/A
Color: 1/A
THANK YOU FOR YOUR BUSINESS!
Terms and Conditions
For the purpose of maintaining the equipment covered by this agreement in good operating 7. When. in MANNING'S OFFICE SOLUTIONS opinion. shop reconditioning is
condition, Manning's Office Solutions agrees to perform maintenance services described herein necessary because normal maintenance and parts replacement can no longer keep the
‘uhject to the following terms and conditions. equipment in satisfactory operating condition. MANNING'S OFFICE SOLUTIONS will
submit a cost estimate. which if approved by the customer, will be charged in addition to
the maintenance charges herein.
I. MANNING'S OFFICE SOLUTIONS will maintain for the original purchaser. the equipment
covered hereby in efficient operating condition. Invoices will be rendered in advance at the rate
established by MANNING'S OFFICE SOLUTIONS at that time. The maintenance rate for the 8. In the event that the equipment is moved from the location set forth in this agreement.
equipment covered hereby will be increased in accordance with MANNING'S OFFICE then. at MANNING'S OFFICE SOLUTIONS option. this agreement may be terminated
SOLUTIONS established price schedule if the equipment is used on more than a one -shift basis. and/or an additional service charge may be made.
Payment terms will be as stated on the invoice. This agreement will continue in effect until
canceled on thirty days written notice by either party.
9. The service agreement will be renewed automatically if customer receives an invoice
from MANNING'S OFFICE SOLUTIONS. and pays such invoice before expiration of
current agreement. If payment is not received by MANNING'S OFFICE SOLUTIONS by
the expiration date. MANNING'S OFFICE SOLUTIONS at its option may require a
2. Service rendered under this agreement excludes any: (a) service or parts required for damage physical inspection of the equipment prior to acceptance.
caused by accident, neglect. misuse. altering the equipment, unfavorable environmental
conditions, electric current fluctuations, work performed by other than a representative of
MANNING'S OFFICE SOLUTIONS. or any force of nature; (b) work which in the opinion of
MANNING'S OFFICE SOLUTIONS. is impractical to perform because of location. or
connection of the equipment to any other device; (c) service required due to the use of supplies. 10. The costs set forth in this agreement shall be increased by an amount equal to any tax
not approved by MANNING'S OFFICE SOLUTIONS. In such events an estimate of the costs now or hereafter assessed, levied. or imposed by any federal. state. or municipal authority.
involved will be submitted to the customer for approval prior to performance of the extra work in which amount shall be paid by the customer.
accordance with the policies in effect at that time.
11. Customer agrees that MANNING'S OFFICE SOLUTIONS shall not incur any
liability to customer for loss of business. Toss of products. expenses. or any other damage,
direct. indirect or consequential. resulting to the customer by reason of any non-
performance or defective performance by MANNING'S OFFICE SOLUTIONS under this
service agreement.
3. Periodic inspections may be made at reasonable intervals as determined by MANNING'S
OFFICE SOLUTIONS while the agreement is in force. and may be completed at the same time
12. This agreement shall not be effective until it has been approved and accepted by
as a service calls rendered at the customer's request. At the time of inspection, equipment will
MANNING'S OFFICE SOLUTIONS.
be cleaned. lubricated, adjusted and parts. which MANNING'S OFFICE SOLUTIONS
determines are excessively worn or broken through normal usage, will be replaced.
13. This agreement is not assignable or transferable to a third party. nor is any portion
refundable.
4. Equipment covered under this agreement must be in good mechanical condition on the 14. MANNING'S OFFICE SOLUTIONS reserves the right to effect periodic annual
effective date of the agreement. increases of the rates stated in this contract. These adjustments will be consistent with the
increases in manufacturer pricing and cost of doing business as seen by MANNING'S
OFFICE SOLUTIONS.
5. If contract is expired or cancelled, customer will be billed at a service rate of S 125 per hour.
In addition. a $75 trip charge will also be billed per trip. A minimum of one hour will be billed. 15. Outstanding balances due MANNING'S OFFICE SOLUTIONS may defer services
This fee will cover labor only. until satisfactory arrangements for payment are made with the MANNING'S OFFICE
SOLUTIONS accounts receivable department.
6. IT or Networking services are NOT covered in this contract. Basic install of a connected 16. Morning's Office Solutions will assess taxes when applicable.
copier is covered, including loading print drivers on user PC's, setting up scanning and basic
copier functions. All work not included in the original scope of work will be billed separately.
17. Manning's Office Solutions guarantees a maximum 4 hour response to all service
requests.
By signing this Maintenance Agreement. client agrees with all the terms & conditions of this agreement and authorizes billing per terms of this
agreement.
Signature: Date:
Print Name:
Manning's Office Solutions Authorization: