HomeMy WebLinkAboutPR 18790: TO LEASE A ENTORMAIL MAX 120 DIGITAL MAILING SYSTEM FROM STAR GRAPHICS, INC. Memorandum
City of Port Arthur, Texas
Purchasing Division
TO: John Comeaux, P.E., Interim City Manager
FROM: Shawna Tubbs, CPPO, CPPB, Purchasing Manager
DATE: December 30, 2014
SUBJECT: Proposed Resolution No. 18790
RECOMMENDATION
The Purchasing Division recommends the City Council's approval to lease a Centormail Max
120 Digital Mailing System from Star Graphics, Inc of Beaumont, Texas at the rate of
$439/month for a 63 month period.
J
P. R. NO.18790
12/29/2014 CH
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY TO LEASE A CENTORMAIL
MAX 120 DIGITAL MAILING SYSTEM FROM STAR GRAPHICS, INC. OF
BEAUMONT, TEXAS AT THE RATE OF $439/MONTH FOR A 63 MONTH PERIOD,
NOT TO EXCEED $27,657.00. FUNDS AVAILABLE IN PURCHASING ACCOUNT NO.
001-1033-515.51-00.
WHEREAS, the Purchasing Division obtained three quotes with Star Graphics being the
lowest and most responsive bidder (bid tabulation attached as Exhibit A); the mailing system
costs $439/month, which includes delivery, installation and operator training for the new mailing
system, maintenance, rental of the postage meter, certified mail electronic return receipt; and
WHEREAS, the Purchasing Division recommends the City Council authorize the lease
of a Centormail Max 120 Digital Mailing System from Star Graphics, Inc., of Beaumont, Texas
in substantially the same form as attached hereto as 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 Manager is hereby authorized and directed to execute on
behalf of the City a lease agreement for a Centormail Max 120 Digital Mailing System from Star
Graphics, Inc., Beaumont, Texas in the amount of$439/month for a period of 63 months not to
exceed$27,657.00, in substantially the same form as attached hereto as Exhibit"A".
Section 3. That, a copy of the caption of this Resolution be spread upon the Minutes
of the City Council.
READ, ADOPTED,AND APPROVED, this day of January 2015,
following Vote:
AYES: Mayor:
Council members:
NOES:
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Val Tizeno
City Attorney
APPROVED FOR ADMINISTRATION:
John Comeaux
Interim City Manager
APPROVED AS TO FUND AVAILABILITY
frI/ 414.42&7
eborah Echols
Director of Finance
AQ
Shawna Tubbs, 1 PO, CPPB
Purchasing Manager
"EXHIBIT A"
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"EXHIBIT B"
F p 0 AN FP PROGRAM ADMINISTERED BY:
GREATAMERICA LEASING CORPORATION
�.., 625 FIRST STREET SE.CEDAR RAPIDS IA 52401
-ei"�•-✓`.v-. PO BOX 609,CEDAR RAPIDS IA 52408-0809
CUSTOMER("YOU")INFORMATION AGREEMENT NO.:
FULL LEGAL NAME: City of Port Arthur
CUSTOMERS ADDRESS: 444 4th Street,Port Arthur,TX 77640
FP EZLEASE DEALER (Dealer is not Owner's aaent nor is Dealer authorized to waive or alter any term or condition of this Agreement)
Star Graphics Inc.,4785 Eastex Freeway, Beaumont,TX 77706
EQUIPMENT INFORMATION
QTY TYPE,MAKE,MODEL NUMBER AND INCLUDED ACCESSORIES SERIAL NO.
1 ea CentorMail MAX 120 Base/Scale,Auto Feeder/Sealer,Dynamic Scale,Resets,RateGuard,MailOne,Pass-Through Maintenance
EQUIPMENT LOCATION: 444 4th Street,Port Arthur,TX 77640 ❑SEE SCHEDULE
TERM IN MONTHS: 63 MONTHLY PAYMENT AMOUNT:$439.00 (PLUS TAX) SECURITY DEPOSIT:$ 0
PURCHASE OPTION: 0 FAIR MARKET VALUE ❑10%OF EQUIPMENT COST
ADDITIONAL TERMS AND CONDITIONS
AGREEMENT.You want us to pay your Dealer for the equipment referenced herein("Equipment)and you indemnify us against,any claims,losses or damages,including attorney fees,in any way relating to the
agree to pay us the amounts payable under the terms of this agreement('Agreement')each period by the due Equipment.In no event will we be liable for any consequential or indirect damages.
date.This Agreement will begin on the date the Equipment is delivered to you or any later date we designate. INSURANCE.You agree to maintain comprehensive liability insurance acceptable to us.You also agree
We may charge you a reasonable fee to cover documentation and investigation costs.If any amount payable to to:1)keep the Equipment fully insured against loss at its replacement cost,with as named as loss
us is not paid when due,you will pay a late charge equal to:1)the greater of ten(10)cents for each dollar payee; and 2) provide proof of insurance satisfactory to as no later than 30 days following the
overdue or twenty-six($26.00)dollars;or 2)the highest lawful charge,if less.Any security deposit wil be commencement of this Agreement, and thereafter upon our written request. If you fail to maintain
commingled with our assets,will not earn interest,and will be returned at the end of the term,provided you are property loss insurance satisfactory to us andlor you fail to timely provide proof of such insurance,we
not in default If an advance payment is required,the amount exceeding one payment shall be applied to the last have the option,but not the obligation,to secure property loss insurance on the Equipment from a
payment(s)during the term or any renewal term. carrier of our choosing in such forms and amounts as we deem reasonable to protect our interests.If we
NET AGREEMENT. THIS AGREEMENT IS NON-CANCELABLE FOR THE ENTIRE AGREEMENT secure insurance on the Equipment,we will not name you as an insured party,your interests may not be
TERM. YOU UNDERSTAND WE ARE PAYING FOR THE EQUIPMENT BASED ON YOUR fully protected,and you will reimburse us the premium which may be higher than the premium you would
UNCONDITIONAL ACCEPTANCE OF IT AND YOUR PROMISE TO PAY US UNDER THE TERMS OF pay if you obtained insurance, and which may result in a profit to us through an investment in
THIS AGREEMENT,WITHOUT SET-OFFS FOR ANY REASON,EVEN IF THE EQUIPMENT DOES NOT reinsurance.If you are current in all of your obligations under the Agreement at the time of loss,any
WORK OR IS DAMAGED,EVEN IF IT IS NOT YOUR FAULT. insurance proceeds received will be applied,at our option,to repair or replace the Equipment,or to pay
EQUIPMENT USE.You will keep the Equipment in good working order,use it for business purposes only, us the remaining payments due or to become due under this Agreement,plus our booked residual,both
and not modify or move it from its initial location without our consent.You must resolve any dispute you discounted at 3%per annum.
may have concerning the Equipment with the manufacturer or Dealer.Payments under this Agreement may TAXES.We own the Equipment.You will pay when due,either directly or by reimbursing us,all taxes
indude amounts you owe your Dealer under a separate arrangement(for maintenance,service,supplies, and fees relating to the Equipment and this Agreement Sales or use tax due upfront will be payable
etc.),which amounts may be invoiced by us on your Dealer's behalf for your convenience. over the term with a finance charge.
POSTAGE DEVICES: Postage measurement devices referenced herein which are subject to a rental END OF TERM.At the end of the term of this Agreement(or any renewal term)(the"End Date"),this
agreement between you and FP Mailing Solutions,Inc.("FP")are not part of the Equipment and your use Agreement will renew month to month unless a)you provide us written notice of your intent to return the
and the ownership of such devices will be governed exclusively by your rental agreement with FP.You will Equipment at least 90 days prior to the End Date,and b)you timely return the Equipment to the location
need to reference your rental agreement with FP for the term of,and your rights and obligations under,the designated by us,at your expense.If a Purchase Option is indicated above and you are not in default on
rental agreement.For your convenience,payments under this Agreement may include the rental amounts the End Date,you may purchase the Equipment from us"AS IS°for the Purchase Option price.If the
you owe FP under the rental agreement. returned Equipment is not immediately available for use by another without need of repair,you will
SOFTWARE/DATA Except as provided in this paragraph,references to"Equipment"include any software reimburse us for all repair costs.You cannot pay off this Agreement or return the Equipment prior to the
referenced above or installed on the Equipment We do not own the software and cannot transfer any End Date without our consent.If we consent,we may charge you,in addition to other amounts owed,an
interest in it to you.We are not responsible for the software or the obligations of you or the licensor under early termination fee equal to 5%of the amount we paid for the Equipment
any license agreement. You are solely responsible for protecting and removing any confidential DEFAULT AND REMEDIES.If you do not pay any sum within 10 days after its due date,or if you
data/images stored on the Equipment prior to its return for any reason. breach any other term of this Agreement or any other agreement with us,you will be in default,and we
NO WARRANTY.WE MAKE NO WARRANTIES,EXPRESS OR IMPLIED,INCLUDING WARRANTIES may require that you return the Equipment to us at your expense and pay us:1)all past due amounts
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.YOU HAVE ACCEPTED THE and 2)all remaining payments for the unexpired term,plus our booked residual,both discounted at 4%
EQUIPMENT "AS-IS". YOU CHOSE THE EQUIPMENT, THE DEALER AND ANY/ALL SERVICE per annum. We may also use all other legal remedies available to us, including disabling or
PROVIDER(S) BASED ON YOUR JUDGMENT. YOU MAY CONTACT YOUR DEALER FOR A repossessing the Equipment.You agree to pay all our costs and expenses, including reasonable
STATEMENT OF THE WARRANTIES, IF ANY, THAT THE MANUFACTURER OR DEALER IS attorney fees,incurred in enforcing this Agreement.You also agree to pay interest on all past due
PROVIDING.WE ASSIGN TO YOU ANY WARRANTIES GIVEN TO US. amounts,from the due date,at 1.5%per month.
ASSIGNMENT.You may not sell,assign or sublease the Equipment or this Agreement without our written UCC.You agree that this Agreement is(and/or shall be treated as)a"Finance Lease"as that term is
consent.We may sell or assign this Agreement or our rights in the Equipment,in whole or in part,to a third defined in Article 2A of the Uniform Commercial Code("UCC").You agree to forgo the rights and
party without notice to you.You agree that if we do so,the assignee will have our rights but will not be remedies provided under sections 507-522 of Article 2A of the UCC.
subject to any claim,defense,or set-off assertable against us or anyone else. MISCELLANEOUS.This Agreement is the entire agreement between you and us and supersedes any
LAW/FORUM.This Agreement and any claim related to this Agreement will be governed by Iowa law.Any prior representations or agreements, including any purchase orders. Amounts payable under this
dispute will be adjudicated in a state or federal court located in Linn County,Iowa.You consent to personal Agreement may include a profit to us.The original of this Agreement shall be that copy which beam your
jurisdiction and venue in such courts and waive transfer of venue.Each party waives any right to a jury trial. facsimile or original signature,and which bears our original signature.Any change must be in writing
LOSS OR DAMAGE.You are responsible for any damage to or loss of the Equipment.No such loss or signed by each party.
damage will relieve you from your payment obligations hereunder.We are not responsible for,and you will
Owner("we","us"):GreatAmerica Leasing Corporation Customer:(As Stated Above)
Signature: Date: Signature: Date:
Print Name&Title: Print Name&Title:
UNCONDITIONAL GUARANTY:The undersigned unconditional),guarantees that the Customer will timely perform all obligations under the above Agreement.The undersigned also waives any
notification if the Customer is in default and consents to any extensions or modifications granted to the Customer.In the event of default,the undersigned will immediately pay all sums due under the
terms of the Agreement without requiring Owner to proceed against Customer or any other party or exercise any rights in the Equipment.The undersigned,as to this guaranty,agrees to the designated
forum and consents to personal jurisdiction,venue,and choice of law as stated in the Agreement,agrees to pay all costs and expenses,including attorney fees,incurred by Owner related to this guaranty
and the Agreement,waives a jury trial and transfer of venue,and authorizes obtaining credit reports.
SIGNATURE: XNA PRINT NAME: NA DATE: NA
003247-FP0101S90-EZ 1211
FPO FP Mailing Solutions
140 N Mitchell Ct,Ste 200
Addison,IL 60101-5629
fp-usa.com Customer Agreement Tel 800.341.6052
CUSTOMER INFORMATION
Billing Address Shipping&Installation Address(if different than Billing)
Customer:City of Port Arthur Customer: City of Port Arthur
Department:Accounts Payable Department:Purchasing
Street:P.O. Box 1089 street:444 4th Street
city:Port Arthur County:Jefferson City:Port Arthur County:Jefferson
State:TX zip:77641 State:TX Zip:77640
Tel:409-983-8106 Fax:409-983-829 1 Tel:409-983-8160 Fax:409-983-829 1
E-mail:clifton.williams @portarthurtx.gov E-mail:clifton.williams @portarthurtx.gov
Contact Name:Cliff Williams Contact Name:Cliff Williams
Deliver To: ❑Dealer OCustomer Mailing Address: j]Same as Billing ['Same as Shipping/Installation
RENTAL INFORMATION
Quantity Item# Item Description
1 EZCM 120DPP63 CentorMail MAX 120 Dynamic Performance Option Package
Term of Contract: 63 months
❑ Terms and Conditions:By signing below,I hereby acknowledge and agree that FP's standard shipping rates and the additional terms and conditions available on the FP website at www.fp-usa.com/termsconditions are
applicable to,and incorporated by reference into,this agreement.(If you do not have access to the Internet,please contact FP directly at 800.341.6052 and we will provide you with a copy for your records.)
CUSTOMER ACCEPTANCE
Customer Acceptance of Terms Dealer Information
Authorized Representative: Dealer Name:Star Graphics Inc. Dealer#:2530
Tel: Address:4785 Eastex Freeway, Beaumont, TX 77706
Tax ID:1-74-6001885-00 State:TX Tel:409-892-0671 Fax:409-892-6323
Authorized Signature:X Sales Representative Name:Tim Blount
Date: Sales Representative: X Date:
DEALER&INTERNAL USE ONLY
❑ New Customer O Lease Company: FP EZLEASE Promo Code: EZCM120DPP63
❑Upgrade From: ❑ Major Account: ❑Price or Terms Exception Approval(attach copy)
❑Renewal(no change of equipment) ❑ GSA Contract No.: Navision No.:
❑Change of Ownership ❑ State Contract No.: ❑USPS®Location:(letter must be attached)
Existing Account No.: Master Billing Acct.No.: ❑Tax-Exempt Certificate Attached
Existing Contract No.: Master Postage Acct.No.: Additional Terms:
FM_MG_RENTAGREZ_01 Page 1 revised 02126/2013
GOVERNMENTAL ENTITIES ADDENDUM
This is an addendum ("Addendum") to and part of that certain agreement between
("we", "us", "our") and
("Governmental Entity", "you",
"your"), which agreement is identified in our records as agreement number
("Agreement"). All capitalized terms used in this Addendum which are not defined herein shall have the meanings
given to such terms in the Agreement.
APPLICABLE TO GOVERNMENTAL ENTITIES ONLY
You hereby represent and warrant to us that as of the date of the Agreement: (a) the individual who
executed the Agreement had full power and authority to execute the Agreement on your behalf; (b) all required
procedures necessary to make the Agreement a legal and binding obligation against you have been followed; (c)
the Equipment will be operated and controlled by you and will be used for essential government purposes for the
entire term of the Agreement; (d) that all payments due and payable for the current fiscal year are within the
current budget and are within an available, unexhausted, and unencumbered appropriation; (e) you intend to pay
all amounts payable under the terms of the Agreement when due, if funds are legally available to do so; (f) your
obligations to remit amounts under the Agreement constitute a current expense and not a debt under applicable
state law; (g) no provision of the Agreement constitutes a pledge of your tax or general revenues; and (h) you will
comply with any applicable information reporting requirements of the tax code, which may include 8038-G or
8038-GC Information Returns. If funds are not appropriated to pay amounts due under the Agreement for any
future fiscal period, you shall have the right to return the Equipment and terminate the Agreement on the last day
of the fiscal period for which funds were available, without penalty or additional expense to you (other than the
expense of returning the Equipment to the location designated by us), provided that at least thirty (30) days prior
to the start of the fiscal period for which funds were not appropriated, your Chief Executive Officer (or Legal
Counsel) delivers to us a certificate (or opinion) certifying that (a) you are a state or a fully constituted political
subdivision or agency of the state in which you are located; (b) funds have not been appropriated for the
applicable fiscal period to pay amounts due under the Agreement; (c) such non-appropriation did not result from
any act or failure to act by you; and (d) you have exhausted all funds legally available for the payment of amounts
due under the Agreement. You agree that this paragraph shall only apply if, and to the extent that, state law
precludes you from entering into the Agreement if the Agreement constitutes a multi-year unconditional payment
obligation.
GOVERNMENTAL ENTITY'S AUTHORIZED SIGNATURE
(As Stated Above) X
SIGNATURE PRINT NAME&TITLE DATE
SIGNATURE PRINT NAME&TITLE DATE
PO7NA_061 0