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Home My WebLink AboutOrdinance No. 223 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS IN THE AMOUNT OF~ ~a% ~) FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES ACCOUNT TO GENERAL ADMINISTRATION DEPARTMENT LINE ITEM NO. 65 AND TO FURTHER AUTHORIZE THE CITY MANAGER TO ENTER INTO A PURCHASE CONTRACT FOR A XEROX 3107/S COPY MACHINE AS WELL AS A MAINTENANCE AGREEMENT ON SAME; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas, is hereby authorized to transfer funds in the amount of ~ ~ CO from the General Fund Reserve for Contingencies account to General Administration Department Line Item no. 65 for the purchase of one Xerox 3107/S copy machine, as well as a maintenance agreement on same. SECTION 2. That the City Manager of the City of The Colony, Texas, is hereby authorized to execute on behalf of the City a purchase contract for the purchase of one Xerox 3107/S copy machine as well as a maintenance agreement on same in the amount of ~/ ~ 07. ~ ~ The approved form of such contract is attached hereto as Exhibit "A" and made a part hereof for such purposes. SECTION 3. This ordinance shall take effect immediately from and after its passage. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THE ~-~ DAY OF 1982. GENE POLLARD, MAYOR ATTEST: JAN/~ 7E CARROLL, CITY SECRETARY ROBERT Lo DILLARD III, CITY ATTORNEY XEROX,, 4 EQUIPMENT EVALUATION ! SECTION III TERMS AND CONDITIONS APPLICABLE TO FULL SE RVICE MAINTENANCE AGREEMENT SECTION I TERMS AND CONDITIONS APPLICABLE TO'EQUIP~ ENT PURCHASE AND FULL SERVICE MAINTENANCE & SECTION II TERMS AND CONDITIONS APPLICABLE TO EQUIPMENT PURCHASE 1 EQUIPMENT DEFINITIONS 6. TRAINING Copiers/Duplicators/Accessories . ...~ /- I , Equipment Description/Price ~,} I ~ , ~ Option to Purchase Credit ( ) ~; ? / Other Allowance ( Ne~ Equipment Purchase Price $ "; ]/''~ ,aintenance Descript on ~ ma urchase FULL SERVICE MAINTENANCE if FULL SERVICE MAINTENANCE is not selected, Customer will be deeme~ chosen service on a T ME AND MATERIALS bas s g Earliest Customer Acceptance Date ~f/ ~, Z/~_ Supply Item Quantity Reorder Number Equipment Purchase Order Required D No /~..Yes Paper Supply Purchase Order No. Xerox Supply Agreement No. 't, / ':~ ~ Pre-packed Tax Exempt D No s {Attach Exemption Certificate) -~ and Initial Supply Order, if any, AND/OR Full Service Maintenance (*'FSM') having an initial term o~, ,:' ' I in accordance with the terms and conditions set forth herein. INI~AL IF Ap~ICABLE CUSTOMER UNDERSTANDS THAT: · EOUIPMENT MAY BE NEWLY MANUFACTURED, REMANUFACTUREO, OR RECONDITIONED AS SET OUT IN THE XEROX COMMERCIAL COPIER/ eUPLICATOR SALE AND MAINTENANCE PRICE LIST OR MAY BE IN-PLACE CONSULT 7HE PRICE LIST PRIOR TO SIGNING THIS AGREEMENT · EOUIPMENT MAY HAVE BEEN PREVIOUSLY ON TRIAL AT ANOTHER CUSTOMER(S) LOCATION{S) Customer acknowledges receipt of the Xerox Commercial Copier/Duplicator Sale and Maintenance Price List bearing Issue Date ~m*LS XEROX CORPORATION .. Signature Signature ' , ~ .... Date z~/ /': ~ Title Date : edite'deliver please complete the fo o g: z . Delivery Contact Name ~ Form 58827 (11/81) XEROX ! tn ell other respects the Terms and Conditions of the Agreement shall continue in full force and effect. CUSTOMER XEROX CORPORATION Xerox Corporation G0755 Xerox Square XEROX® is a trademark of XEROX CORPORATION. Rochester, New York 14544 Printed in U.S.A. 6/82 £QUIPM£NT PUFI~HA$1:/~INTI::N~N~I:: ~FI££M£NT AMI::NDMFNT m~y ~, ~ Amendment to and forming part of Equipment Purchase/Maintenance Agreement dated /'o {"the Agreement") by and between Xerox Corporation and ,-~¢ (~ /f'~t ~'~ ~ (','~""~Y ("Customer") for the purchase by 1. CusLomer agrees to purchase and Xerox agrees to sell and deliver Standard Maintenance ("SM"} as described herein having an initial term of 2, The terms and conditions set forth in Section J of the Agreement shall apply to SM provided hereunder except that "Full Service Maintenance" shell mean Standard Maintenance, 3. Section III of the Agreement shall be replaced in its entirety by the following: SECTION III TERMS AND CONOITIONS APPLICABLE TO STANDARD MAINTENANCE AGREEMENT July 1. I~Z EQUIPMENT PURCHASE/MAINTENANCE AGREEMENT AMENDMENT COPIERS/DUplICATORS/ACCESSORIES USED EQUIPMENT U~ ~1~ ~p~ ................ 7111~ ~ ~1,~.~ NIA NIA ~.~ U~/~ 31~ Cop~ So~ ...... 7/1/~ ~ ~7~.~ N/A N/A ~.~ U~ 31~ LDC ~p~ ............ 7/1/~ ~ ~.~ N/A N/A ~-~ U~ 31~ ~ ................ 7/1/~ ~ 3,~.~ N/A N/A ~.~ U~/~ 31~ ~pler ~ So~ ...... 7/1/~ ~ ~ N/A N/A U~/~ 31~ ~r ~ So~ .................... ~ 7/1/~ Z7~.~ 2.~.~ ~.~ U~ 31~ LDC Co~ ..................... ; .... ~ 7/1/~ ~.~ 1.~.~ ~-~ U~/~ 31 ~ LDC Cop~ w~ S~ ........ . ........ ~ 7/1/~ 3,2~.~ ~-~ U~ 3107 Co~ .............................. ~ 7/1/~ 3.~.~ ~.~ ~-~ 54. XEROX Eligibility For State and Local Copying Equipment Price List 1. Official State Governments and Political Subdivisions. vided to Xerox with each order and resubmitted to Xerox at the 2. Full-time non-profit Schools, Colleges and Universities beginning of each price list beriod of the State Government or (hereinaffer Schoois}. An eligible school is defined as a full-time Pofitlca~ subdivision for whom the contractor is "acting"); and school if it is a non-profit, tax-exempt institution, the primary (3) is a non-profit organization. Any Contractor qualifying under purpose of which is to provide instruction through a full time this section must provide Xerox with a copy of its Federal Tax faculty to an enrolled body of students, and is licensed by an exemption certificate under section 501 (c) (3) of the Internal appropriate State authority to confer degrees or diplomas which Revenue Code. All other Contractors are not eligible under this are recognized as qualifying the student to pursue a course of provision. If a Customer loses the certification which made it eligi higher education. Prior to Xerox accepting any order, the hie to use the State and Local Government Price List, the Customer requesting eligibility under this paragraph must provide Customer agrees to notify Xerox. Xerox with a copy of its federal tax-exemption certificate under 5. The Customer represents he is eligible under these criteria, tf Section 501 (c) (3) of the internal Revenue Code, this representation is inaccurate, or if Customer loses eligibility, 3. Non-profit Hospitals. An eligible hospital is defined as a non- Xerox reserves the right, upon 30 days written notice, to convert profit hospital if it is a non-profit, tax exempt institution and is the Customer to a commercial price plan for an equivalent term. tax-exemption certificate under Section 501 (c) (3) of the Internal 6. Partial List (examples) of customers NOT ELIGIBLE to use Revenue Code. this price list: 4. Certain prime Contractors to State Governments and their (a) Any "for-profit" organizations, Political subdivisions (FOR RENTAL ONLY} provided all the (b) Recipients of grants in aid (Grantees) from State Governments following conditions are met: The Contractor ( 1 ) is a State or Local or political subdivisions. through The Federal Government, State Governments or their (d) Youth Associations and part time schools. Political subdivisions, or from any combination of these Govern- (e) Trade Associations, Labor unions, or political parties. ments; (2) has been granted authorization by the State or Local (f) Social clubs, churches or charitable foundations. Government Agency to "act fnr" that State or Local Government. (g) Doctor's Offices, Health Clinics, and Medlcal Laboratories. This authorization must be in writing (a copy of which is to be pro- These examples are by way of illustration and are not all inclusive. Certification of Federal Cost Type Government Contractors: a. All ordain and renewals, authorized by U.S. Government Agenciesin writing in the event that the authorization furnished hereunder is accordance with Defense Acquisition Regulation (5-900) or Federal terminated, When authorization is terminated, Xerox shall corn- Procurement Regulations (FPR 1 5.9) concerning the 'Use of GSA mence billing under commercial prices. Supply Sources by Contractors' and pieced by Federal Govern- c. Contractors placing orders with Xerox not containing the required merit prime (only) cost type contractors under this GSA Contract, certification will be billed at the appropriate commercial (non GSA shall be accompanied by a copy of the Government authorization, contract) prices, if it is determined after shipment occurs that the Every purchase order shall contain a statement as follows: Contractor is entitled to GSA rates (but did no{' provide the "This order is placed pursuant to written authorization from necessary certification) adjustment or rebi/ling at GSA cont[act ............... (~np. 9! .(~(~,~r.~r~r~t. ~.~) ............... rates w#/not be pc,mitred. d. Federalgranteesarenotpermittedtousethiscontractasasouroe Dated, . .................. , a copy of which is attached. In the event of an inconsistency between the terms and conditions of of supply in accordance with FPR 1 5.9. Cost type subcontractors this order and those of your Federal Supply Service Contract, the are not permit'ied by Xerox to place orders under the Xerox-GSA contract. latter will govern." b. Prime cost type contractors certified and using this contract as a e. Title to equipment purchased by authorized Prime Contractors will source of supply will use items ordered only in the performance of pass to the Contractor. Transfer of title to the Government will be the cost type Federal Contract and shall notify Xerox promptly in the responsibility of the Contractor. K-12 Summer Option Code 3 -- School open June, duly, August 6 -- School closed June only 4 -- School closed June and July 7 -- School closed July only 5 -- School closed July and August 8 -- School closed August on(y STANDARD AGREEMENT . ';- Copiers/Duplicators/Engir~eering and Graphic Products/Accessories t Customer Name (Bill T~) ~ / Customer Name (installation) , ~_~ ~,,~, ,-( · ~,- Z .... ~ '. ~'~ Addre~ Price Plan Description __ /'~/~ Period of Rental_ ,/~/~/~//~ _ Bill Code __ Initial to designate acceptance of E/QUIPMENT/PRICE PLAN/PERIOD OF RENTAL described above. _ (Inkia~s) Initial to designate acceptance of Firm Annual Option ~ Fiscal Year Option ~ Fiscal Year Begins, / / ~ ( nitials Equipment Purchase/Maintenance Description Equipment Type: Equipment List Purchase Price $ ~ ~ ~' ~0 ~ Newly Manufacture, Le~: Option to Purchase Credit Plan A ~ Plan B ~ ~ Remanufactur~ Or: Trade-In AHowance ~ Reconditioned ~ ~%~ Or: Other $~,~0 ' ~ In-Place Equipment Net Purchase price . ¢ Maintenance: Xerox Full Se~ice Maintenance Plan A ~ Plan CP ~ Plan CET ~ Time and Materials ~ Other~A ' ~'% ''~ ~,]i ~ Eadie~ Customer Acceptance Date __ ~/~/~ ~ Tax Exempt ~ No ~Y~ Supply Item Quantity R~rder Numar Equipment Purchase Order Require¢ ~ No~ ~es Paper Equipment Purchase Order No. ~/~ ~ ~ -- Toner / ~ ] Z / Supply pur~ase Order No. -~/'~ Developer r x Su I A reement No ~'~//~ ~, XeD ppy g - ~ r ~ Fuser Oil K-12 Summer Option Code (See reverse). ' /'T ~re-Packed / ~ ~)~ Customer agrees to hire and Xerox agrees to provide ~ Reprographic ~ Maintenance Se~i~es including the furnishing of the Xerox Equipment described above ("Equipment") and supplies, in accordance with the terms and conditions set fo~h ip th~ Price List noted above. 'urc~'ase nd Xerox agrees to sell and deliver the Xerox Equipment described above ("Equip- Customer agrees ~o p. ~ ' ~ .... rm~ 2nd cnnditions set fo~h n the Price List noted above. Breach of merit"} and supphes, in accordance with u~e t~ ........... this Agreement may subject Customer to payment of Termination Charges. See terms and conditions contained in the Price List noted above. XEROX CORPORATION CUSTOMER Is space available for installation ~es ~ NO - ~--5 Floor: , Room;/ .... tz, ,. , _..qa- ,, PU REiHAESE ORDER CITY OF THE COLONY F.M. 423 AT COLONY BLVD. · LEWISVILLE, TEXAS 75056 · PHONE (214) 370-1756 SHIP TO Xerox Dallas, Texas Attention: Jeff Tanner i Xerox NoOel 3107/S ~ith ten-b&n so~te~ 3,843.00 1 Standard Service Agreement for two years to be ~-~.C~ billed annually -~519.90 Above pursuant to the terms and conditions in the '~' ~ attached documents. 4,36~.00-