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1. 11/22/2016 LeaseCounty of Monroe The Florida Keys Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 Key West, FL 33040 (305) 292 -4441 — Phone (305) 292 -4544 - Fax MEMORANDUM BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Danny L. Kolhage, District 1 Sylvia J. Murphy, District 5 TO: Cheryl Robertson — Executive Assistant FROM: Lindsey Ballard, Aide to County Administrator DATE: December 1, 2016 SUBJECT: Small Contracts approved at 11/22/2016 BOCC Meeting. Item S15 Ratification of four small contracts; Zoom Video in the amount of $3,496.00, Sands of the Keys in the amount of $7,460.28; Xerox in the amount of $17,354.04 and Canon Financial Services in the amount of $4,000.00 signed by the County Administrator. These are small contracts that are for your records only. Enclosures: Zoom Video — 1 Copy Sands of the Keys — 1 Copy Xerox — 1 Copy Canon Financial Services — 1 Copy Thank you, Lindsey 3 _ rri . ry 61 xe rox Customer: MONROE, COUNTY OF Blum COUNTY OF MONROE Install: COUNTY OF MONROE 1111 12TH ST STE 408 1111 12TH ST STE 408 KEY WEST, FL 330404088 KEY WEST, FL 33040 -4088 State or Local Government Negotiated Contract: 072533100 1. W7970P (WORKCENTRE 7970) Br Finisher 213 Hole Lease Term: 48 months Xerox WC5765P SIN XEL542542 91312015 High Capacity Feeder Purchase Option: $1.00 Trade -In as of Payment 60 1 Line Fax Xerox MFP8560D SIN Mcafee Integrity Kit CXF347984 Convenience Stapler Trade-in as of Payment 61 Customer Ed Analyst Services t_y. _ Item Lease Minimum 1 1. W7970P $365.98 Print Charges 1: BW 1- 15,000 Included Maintenance Plan Features Consumable Supplies Included for all prints 15,001+ $0.0049 Pricing Fixed for Term 2: Color 1 -1,000 Included 1,001+ $0.0490 Total $365.98 Mkdmum Payments (Exclu tg Applicable Taxes) Authorized Signature Customs edmowledges receipt of the terns of this agreement Thank You for your businessl which crosMs of 3 pages mdu¢ng this face W. / This Agreement is proudly presented by Xerox and I Signer. Bob Shilfinger / Phone: (305)292 -3470 Bert Budde t ' (305)29tr6201 �CACTIOp C �(� J For infomatlon on your Xerox Account, go to 4 "� Signature: Date: www.xerox.conVAtxountManagement 0 3 5 4 6 6 9 0 1 0 0 1 0 0 3 0 Lease Agreement XA'foX � Introductory Pricing You are receiving special Introductory Pricing. Your Minimum Payment for Products identified in the Pricing Detail table below will be adjusted during the Introductory Pricing period as set forth in the Pricing Detail table, and will be different from the Minimum Payment during the balance of this Agreement. The Pricing Detail table illustrates how the Minimum Payment will be affected during the Introductory Pricing period. Month 1 Month 2 Month 3 Full Amount Product $294.98 $294.98 $294.98 $365.98 Total $294.98 $294.98 $294.98 $365.98 Introductory Pricing Detail for Each Applicable Item V J D% O O 7 U 1 U U L U U 3 U Lease Agreement xerox INTRODUCTION: 1. NEGOTIATED CONTRACT. The Products are subject solely to the terms in the Negotiated Contract identified on the face of this Agreement, and, for any option you have selected that is not addressed in the Negotiated Contract, the then- current standard Xerox terns for such option. GOVERNMENTTERMS: 2. REPRESENTATIONS i WARRANTIES. This provision is applicable to governmental entities only. You represent and warrant, as of the date of this Agreement, that (1) you are a State or a fully constituted political subdivision or agency of the State in which you are located and are authorized to enter Into, and carry out, your obligations under this Agreement and any other documents required to be delivered in connection with this Agreement (collectively, the Tocumentsl; (2) the Documents have been duty authorized, executed and delivered by you in accordance with all applicable laws, rtes, ordinances and regulations (mckxfng all applicable laws governing open meetings, pubic bidding and appropriations required In connection with this Agreement and the acquisition of the Equipment) and are valid, legal, binding agreements, enforceable in accordance with their terms; (3) the person(s) signing the Documents have ft authority to do so, are acting with the full authorization of you governing body and hold the offices indicated below their signatures, each of which are genuine; (4) the Equipment is essential to the immediate performance of a governmental or proprietary function by you within the scope of your authority and will be used during the Term only by you and only to perform such function; (5) your payment obligations under this Agreement constitute a current expense and not a debt under applicable state law and no provision of this Agreement constitutes a pledge of you tax or general revenues, and any provision that is so construed by a court of competent jurisdiction Is void from the inception of this Agreement and (8) all payments due and to become due under this Agreement are payable from sources other than ad valorem taxes. You payment is due within 45 days of the invoice date. 3. FUNDING. This provision is applicable to governmental entitles only. You intend to remit and reasonably believe that moneys in an amount sufficient to remit all payments due and to become due during the Term can and will lawfully be appropriated and made available to permit your continued utilization of the Products and the performance of its essential function during tine Tenn. The person in charge of preparing your budget will include in each of your fiscal budgets a request for the payments due and to become due under this Agreement In such fiscal period. You acknowledge that appropriation of moneys for payment requked under this Agreemnt is a governmental function that you cannot contractually commit to in advance, and tits Agreement does not consftde: (1) a multiple fiscal year direct or indirect debt or financial obligation; (2) an obligation payable in any fiscal year beyond the fiscal year for which funds are lawfully appropriated; or (3) an obligation creating a pledge of or a hen on your tax or general revenues. If your governing board does not approve an appropriation of funds at any time during the Term for payments due and to become due for a fiscal year during the Tenn, you will have the right terminate this Agreement on the last day of the and fiscal period for which sufficient appropriations were received without penalty or expense to you, except as to the portion of payments required hereunder for which funds have been appropriated and budgeted. If you elect to terminate this Agreement, you will return the Equipment, at your expense, to a location designated by Xerox and, when returned, the Equipment will be in good condition and free of all liens and encumbrances. You will then be released from any further payment obligations beyond those payments due for the current fiscal year (with Xerox retaining all sums paid to date). At least 30 days prior to the end of your fiscal year, your chief executive officer (or legal counsel) will certify in writing that (a) despite reasonable efforts to obtain sufficient appropriations, funds have not been appropriated for the ensuing fiscal period, and (b) you have exhausted all funds legally available for the payment of amounts due and to become due under this Agreement. To the extent permitted by applicable law, you will not use this non - appropriation provision as a substitute for convenience termination. PRICING PLAWOFFERING SELECTED: 4. FIXED PRICING. If 'Pricing Fixed for Term' is identified in Maintenance Plan Features, the maintenance component of the Minimum Payment and Print Charges will not increase during the k0al Term of this Agreement. GENERAL TERMS A CONDITIONS: S. REMOTE SERVICES. Certain models of Equipment are supported and serviced using data that is automatically collected by Xerox or transmitted to or from Xerox by the Equipment connected to Customers network ('Remote Data') via electronic transmission to a secure off -site location ('Remote Data Access '). Remote Data Access also enables Xerox to transmit to Customer Releases for Software and to remotely diagnose and modify Equipment to repair and correct malfunctions. Examples of Remote Data include product registration, meter read, supply level, Equipment configuration and settings, software version, and prmhlentauft code data. Remote Data may be used by Xerox for billing, repot generation, supplies replenislmnent, support services, recommending additional products and services, and product improvemenddevelopment purposes. Remote Data will be transmitted to and from Customer In a secure manner specified by Xerox. Remote Data Access will not allow Xerox to read, view or download the content of any Customer documents or other information residing on of passing through the Equipment or Customers Information management systems. Customer grants the right to Xerox, without charge, to conduct Remote Data Access for the purposes described above. Upon Xerox's request, Customer will provide contact information for Equipment such as name and address of Customer contact and IP and physical addressesllocatons of Equipment. Customer will enable Rewrote Data Access via a method prescribed by Xerox, and Customer will provide reasonable assistance to allow Xerox to provide Remote Data Access. Unless Xerox deems Equipment incapable of Remote Data Access, Customer will ensure that Remote Data Access is maintained at all times Maintenance Services are being performed. Financial Information 6. TAX TREATMENT. Xerox has accepted this Agreement based on your representation that Xerox may claim any interest paid by you as exempt from federal Income tax under Section 103(c) of the Internal Revenue Code CCode '). You will comply with the information reporting requirements of Section 149(e) of the Code. Such compliance includes the execution of 8038 -G or 8036 -GC Information Returns. You appoint Xerox as your agent to maintain, and Xerox will maintain, or cause to be maintained, a complete and acxvate record of all assignments of this Agreement in form sufficient to comply with the book entry requirements of Section 149(a) of the Code and the regulations thereunder from time to time. Should Xerox lose the benefit of this exemption as a result of your failure to comply with or be covered by Section 103(c) the Code or the regulations thereunder, then, subject to the availability of fulls and upon demand by Xerox, you will pay Xerox an amount equal to its loss in this regard. You shall provide Xerox with a properly prepared and executed copy of US Treasury Form 8038 or 8038 -13C. Item Finance Activity lint. Rate Total Inn Payable 1, W7970P - New Xerox Agreement (Govt 11.75% $2,351.08 Forth 8038) 0 3 5 4 6 6 9 0 1 0 0 3 0 0 3 1