HomeMy WebLinkAbout2001-12-04; City Council; 16444; Library Copier/Printer Vending ServicesCITY OF CARLSBAD -AGENDA BILL
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AWARD OF AGREEMENT MTG. 1 Z-Lf-ol FOR LIBRARY COPIER/PRINTER VENDING
DEPT. PCH I
SERVICl%
RECOMMENDED ACTION:
Staff recommends Council adopt Resolution No. m\ -3 qq accepting the proposal of
Xerox Corporation, and authorizing the execution of a three-year agreement for copier and
computer printer vending services for the City Library.
ITEM EXPLANATION:
Convenient access to photocopiers is a service the City of Carlsbad Library has provided
their customers for over a decade. This service has been provided using contractors who
have been responsible for provision, maintenance and fee collection. Printing services (to
support Internet and other services) has been more recently added. The Library uses
contractors to avoid the cost and labor of directly providing these services. Library staff is
responsible only for daily maintenance (toner and paper loading) and providing facility
power. Since the latest agreement for these services has expired, the Library and the
Purchasing Department began a request for proposal process in an effort to establish a
new agreement.
In accordance with Section 3.28.140 of the Municipal Code, Requests for Proposals were
mailed to twenty-eight organizations. Three proposals were received. These proposals
were evaluated by a committee of City Library staff members in the areas of
responsiveness of the proposal, cost of service, strength of references, and quality of
proposed services to the customer. After the organizations were rated, staff entered into
negotiations with the highest scored company. Based on the results of their evaluation and
negotiations, Library staff recommends that the proposal from Xerox Corporation, with the
negotiated changes, be accepted and that an agreement be executed with this company.
The companies that submitted proposals and the total scores from the evaluation
committee are listed below:
Companv
Total Weiss hted
Score
Xerox Corporation 12.60
Copy Vend Inc. 8.05
Savin Corporation 6.05
The equipment being supplied under the agreement includes 8 black and white copiers and
4 black and white printers, as well as 2 color copiers and 3 color printers. Currently, the
libraries have 8 black and white copiers and 3 black and white printers, as well as I color
copier and 2 color printers. The Library is told by its current vendor that the current copy
volume is approximately 23,000 copies per month. Since the machines are not functioning
properly most of the time, Library staff feels that this copy volume would not accurately
reflect the demand if higher quality machines were available. Based on our library size and
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other libraries they service, Xerox feels that our demand will be in the 32,000 copy-per-
month range.
FISCAL IMPACT:
Under the agreement with the prior vendor, the vendor received all revenues and paid all
costs of the copying and printing services. This situation was not ideal in that the
equipment provided by the vendor was not of the quality expected by our customers and it
would regularly jam or breakdown, causing a tremendous amount of frustration for staff and
the public. Under the new contract, Xerox will provide the services for a set fee and any
revenues collected by the Library will be kept by the City to offset the costs.
The contract is for a 3-year term at $10,116 per month. For this fee, Xerox will provide the
equipment, supplies (excluding paper) and all maintenance services needed on the
equipment for the term of the agreement for up to 30,000 black and white copies and 2,000
color copies per month. Small additional charges will be incurred for copies made in excess
of this amount.
The current charge for black and white copies is $.I5 per copy and the Library is
recommending that the charge for color copies be set at $.75 per copy, which is standard in
the local library industry. It is also standard for libraries to subsidize a portion of the
copying/printing services in order to provide the service at a reasonable rate. If all 32,000
copies are sold each month, the revenue generated will be $6,000 per month. Thus, the
City subsidy to provide copy and printer services in its library facilities will cost about $4,116
per month, or $50,000 per year. In order for the City to break even for this three-year lease,
given the projected 32,000 copies per month, the library would have to charge $.34 per
black and white copy, which would be a II 3% increase over our current charge of $.I 5 per
copy. If indeed the copy demand exceeds the projected 32,000 copies per month, the
revenue received will be higher and the City subsidy will decrease.
At this point, Library staff would recommend leaving the copy charge at $.I 5 each for black
and white copiers and printers and re-evaluating this situation during the budget process in
a few months, when accurate usage history with the new machines will be available.
Costs for the first l-1/2 years of the contract are budgeted in the Library’s 2001-02 budget.
No additional appropriations are needed. Costs for the remaining years will be budgeted in
future year’s budgets.
EXHIBITS:
Resolution No. awl-347
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RESOLUTION NO. 2o01-34g
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, ACCEPTING A PROPOSAL WITH XEROX
CORPORATION AND AUTHORIZING THE EXECUTION
OF AN AGREEMENT FOR COPIER AND PRINTER
VENDING SERVICES.
WHEREAS, the City of Carlsbad requires the services of a copier and computer
printer vending services contractor, and
WHEREAS, proper procedures have resulted in the receipt of a proposal from a
qualified contractor, Xerox Corporation (Contractor); and
WHEREAS, the Contractor’s proposal has been further refined through a
negotiation process and agreement has been reached;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
1. The negotiated proposal from Xerox Corporation, 1851 East First Street,
Santa Ana CA 92705 is hereby accepted.
2. The Mayor is hereby authorized and directed to execute an agreement for
these services, a copy of which is attached hereto, for and on behalf of the
City of Carlsbad for the period of three years.
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3. The Purchasing Officer is hereby authorized and directed to issue a purchase
order for Library copier-and computer vending services.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad held on the 4th day of DECEMBER ) 2001,
by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Hall
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
\sRl%AlN&&l&PbO~~ity Clerk
KAREN R. KUNDTZ, Assistant City Clerk
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AGREEMENT FOR LtBRARY COPtER AND PRtNTER VENDING SERVtCES
XEROX CORPORATION
THIS AGREEMENT is made and entered into as of the day of htt,
DECEFIBEK 2OK, by and beiween the CITY OF CARLSBAD, a municipa!
corporation, (“Citysd XEROX CORPORATION, a corporation. (“Contractor”).
RECITALS
A. City requires the professional services of a copier and computer printing
contractor that is experienced in providing reiated services .
B. Contractor has the necessary experience in providing professional
services and advice reiated to the management of copier and computer printing
vending.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
“Services”) that are defined in the attached exhibits which are incorporated by this
reference in accordance with this Agreement’s terms and conditions:
Exhibit “A” - Supplemental Terms and Conditions
Exhibit “B” - Pricing
Exhibit “C” - Equipment/Software Listing
Exhibit “D” - Standards of Performance
Exhibit “E” - “Xerox Connect” Statement of \rJork
Exhibit “F” - Repair and Maintenance Service
2. STANDARD OF: PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor’s profession
practicing in the Metropolitan Southern California Area. and wilj use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of three (3) years from the date
first above written.
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4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be Ten Thousand One Hundred Sixteen dollars ($10,116) per month. for a total not
to exceed $364,176.00 for the agreement term. No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
Agreement. The City reserves the right to withhoid a ten percent (10%) retention until
City has accepted the work and/or Services specified in Exhibit “A”.
Incremental payments, if applicable, should be made as outlined in the attached
Exhibits.
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6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor’s own way as an independent
contractor and in pursuit of Contractor’s independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers’ compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment. unemplo:{ment payment or workers’
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City’s election, City may dectuct the indemnification amount from any
balance owing to Contractor.
7. SUBCOX’f”RACTING -- I-. 1.--.-. Contractor wili no; subcon:;act any portion of tit-, ,SE,: :%ces wi!hout prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor’s subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor’s work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
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8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Satices.
9. INDEMNIFICATION
Except as to the sole negiigence or witifu! misconduct of City, Contractor Evils defend,
indemnify and hold City, its officers, agents and employees, harmless from any and all
loss, damage, claims, demands, liability, expense or cost, including attorney’s fees, by
third parties which arises out of, or is in any way connected with the performance of, the
Services by Contractor or any of Contractor’s employees, agents or subcontractors,
notwithstanding that City may have benefited from their services.
City will give Contractor written notice, by registered mai!, promptly after it becomes
aware of any claim to be indemnified hereunder and permits Contractor to conltrol the
defense of any such claim or action at Cot?tractor’s’ own expense. Notice sh& be sent
to “Corporate Risk, Xerox Corporation, Long Ridge Road, Stamford, Connecticut
06904.” City agrees that Contractor may employ attorneys of its own choice to appear
and defend the claim or action and that City shall do nothing to compromise the defense
of such claim or action or any settlement thereof and shall provide Contractor with all
reasonable assistance which Contractor may require.
Except for indemnified matters and to the extent permitted by applicable raw, all other
liability of the Contractor to the City for damages of any kind or type, including but not
limited to indirect, consequential, incidental, or special damages, arising Fsrom the
Contractor’s performance or failure to perform under this agreement or by virtue of the
Contractor’s tortious conduct (including negligence whether passive or active) shall be
limited to the amounts paid by the City under this agreement. Provided, however, that
the foregoing limitation of liability shall not apply to claims by the City for damage to real
or tangible property caused by the Contractor’s negligence or willful misconduct.
The parties expressly agree that any payment, attorney’s fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the Civs self-
administered workers’ compensation is included as a loss, expense or co& for the
purposes of this section, and that this section will survive the expiration or eariy
termination of the Agreement.
IQ. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with ,r?erformance of the services by Contractor
or Contractor’s agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best’s Key Rating
of not less than “A-V”.
3 City Attorney Approved Version #lO24.01 .
3 0.7 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated bebw,
unless City Attorney or City Manager approves a lower amount. These tinimum
amounts of coverage will not constitute any limitations or cap on CoR%ractor’s
indemnification obligations under this Agreement. City, its officers, a~z&s and
employees mak e no representation that the limits of the insurance specif&d to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, ~Contra&x will
obtain such additionai insurance coverage, as Contractor deems ad-, at
Contractor’s sole expense.
10.1 .I Commercial General Liabilitv Insurance. $1 ,OOO,UOO combined
single-limit per occurrence for bodily injury, personal Injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits w$l apply
separately to the work under this Agreement or the general aggregate will be &&ce the
required per occurrence limit.
10.1.2 Automobile Liabilitv (if the use of an automobite is in+- for
Contractor’s work for City). $1 ,OOO,OOO combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers’ Compensation and E_rl?p!over’s Liabil_tLWorkers’
Compensation limits as required by the California Labor Code and Employefs Liability
limits of $1 ,OOO,OOO per accident for bodily injury. Workers’ Compensati and
Employer’s Liability insurance will not be required if Contractor has no empbyees and
provides, to City’s satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. Errors and omissions liability appmphate to
Contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Caveraga must
be maintained for a period of five years following the date of completion of the ~+ork.
10.2. Additional Provisions. Contractor will ensure that the policies of Tmsurance
required und er this Agreement contain, or are endorsed to contain, the Mowing
provisions:
10.2.1 Phe Zit;~ will be named ail; an additionili insured on G<;ner& Lability
for all claims except those caused by the sole negligence or willful miscondti of the
City.
10.2.2 Contractor will obtain occurrence coverage, excluding Pro&ssional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and wil! not be canceled without thirty (30) days prior writ&n notice
to City sent by certified mail pursuant to the Notice provisions of this Agreemeti.
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t 0.3 prwidirrs Certificates of tnsurarrce and Endorsements. Prior to City’s exe-
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on exist!%
policies in order to maintain the required coverages. Contractor is responsible for a~
payments made by City to obtain or maintain insurance and City may coaect %XZW
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at an@+,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurrti
under this Agreement. All records will be clearly identifiable. Contractor will adtoll;lr a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant b Ws
Agreement. Contractor will allow inspection of all work, data, documents, procee&gs,
and activities related to the Agreement for a period of three (3) years from the d&e oF
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS AND COPYRIGHTS
Contractor does not anticipate the development of any customized prod&s or
programming in connection with the services provided under this Contract. Any pro&&s
or programming developed while providing services under this Agreement shall .remah
the property of the Contractor unless the City specifically contracts W&I *WW
compensates Contractor to develop products or programs for the exclusive use of the
City.
Contractor does agree, however, to grant the City a non-exclusive, non-transferaN,
perpetual right to use any programs created by Contractor under this agreement sm
for the City’s internal business use and not for resale and/or distribution to third par&is,
All content and data specific to the City shall remain the property of the Gty.
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15. NOTICES
The name of the persons who are authorized.to give written notices or to recejve wri@n
notice on behalf of City and on behalfpf_Contractor.und.e_r this Agre.ement.
For Citv: For Contractor:
LIBRARY DIRECTOR
CARLSBAD CITY LIBRARY
1775 DOVE LANE
CARLSBAD CA 92009 .
Each party will notify the other immediately of any changes of address that WUM
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determh Mether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is requked
of Contractor or any of Contractor’s employees, agents, or subcontractors. Should iI b
determined that disclosure is required, Contractor or Contractors affected em@-,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic interests form 709.
Contractor, for Contractor and on behalf of Contractor’s agents, err@o~.
subcontractors and consultants warrants that by execution of this Agreement, l&af they
have no interest, present or contemplated, in the projects affected by thjs Agree-
Contractor further warrants that neither Contractor, nor Contractors agents, emp@ees
subcontractors and consultants have any ancillary real property, business Meres@ or
income that will be affected by this Agreement or, alternatively, that Contractor u#l ,Me
with the City an affidavit disclosing this interest. ..- “.‘$&...
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinanoes and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times obsess
and comply with these laws, ordinances, and regulations and will be responseMe titi
compliance of Contractors services with all applicable laws, ordinances and n?guWhs.
Contractor will be aware of the requirements of the Immigration Reform and Con&A Ad
of 1986 and will comply with those requirements, including, but not limited to, wMyii
City Attorney Approved M&on Wl24Bl 6
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any auestions of fact or interpretation not otherwise.
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended .
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor’s failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination.
As part of the Services under this Agreement, Contractor is providing the City the
equipment for the entire term of the Agreement. If the City terminates this Agreement
without cause prior to its expiration, requires that a unit of Equipment be removed or
replaced (e.g., traded-in) or if Xerox terminates this Agreement due to the City’s breach,
the City agrees to pay all amounts due the Contractor as of that date, together with the
Contractor-calculated monthly equipment component, which includes a disengagement
cnarge, for all affected equipment times the number of months remaining in the
Agreement (wW this monthiv equicm??t component available upon request). In
addition, the ClQ agrees *‘. +4rn th3 cqulpment in the same condition as when
deiivered, reasonabie wear and tear excepted, or purchase the equipment at its fair
market value, as determined by the Contractor, at the Agreements scheduled
expiration.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifi,
or any other consideration contingent upon, or resulting from, the award or making of
7 City Attorney Approved Version #05.22.01
this Agreement. For breach or violation of this warranty, City till have $hz to annul
this Agreement without liability, or. in its discretion, to deduct from the Apment price
or consideration, or otherwise recover, the full amount of the .ke., Qosnmission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement da& whitted to
City must be asserted as part of the Agreement process as set forth in%&Agreemeni~
and not in anticipation of litigation or in conjunction with litigatia. Contractor,
acknowledges that if a false claim is submitted to City, it may be consir3 fraud and,
Contractor may be subject to criminal prosecution. Contractor a&Wges that
California Government Code sections 12650 e? seq., the False Claims ,F& applies to
this Agreement and, provides for civil penalties where a person know&$& submits a
false claim to a public entity. These provisions include false claims made;&% deliberate,
ignorance of the false information or r ‘n reckless disregard of the tr?tih or falsity of
information. If City seeks to recover penalties pursuant to the False XX&&s Act, it is
entitled to recover its litigation costs, including attorney’s fees. Contra.ctor,a&nowiedges
that the filing of a false claim may subject Contractor to an administrati debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor:
on any public work or improvement for a period of up to five (5) ye;%ra_ Contractor:
acknowledges debarment by another jiirisdiction is grounds for City %Q -inate this:
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties far %E purpose. of
enforcing a right or rights provided for by this Agreement will be tr&4 iigl a court of
competent jurisdiction in the County of San Diego, State of California, a the parties
waive all provisions of law providing for a change of venue in these s to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement wiii be binding QXHI City and
Contractor and their respective successors. Neither this Agreement or .ZFKF~
any monies due or to become due under it rna;J be assigned by Con~a.~ without- the
prior consent of City, which shall not bc : iv rnxomkly withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or memplated
by it, along with the purchase order for this Agreement and its provMons, mbody the
entire Agreement and understanding between the parties Mating to the s&@ect matter
of it. In case of conflict, the terms of the Agreement supersede the ,pmse order.
Neither this Agreement nor any of its provisions may be amended, modifi, waived or
discharged except in a writing signed by both parties.
8 City Attamey Appromr$ ?$Gsion #05.22.W -.
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26. AUTHORITY *
The individuals executing this Agreement and the instm,mer& referenced in it on beha@
of Contractor each represent and warrant that they have #he legal power, right and
actual authority to bind Contractor to the terms and conditions of this
-> ,--J A(,?,‘:- [ ,T,&.J /LiL><,, li. .$yL ‘ r--L
(print name/title) ’ .i,.r/j-4biL;‘;3 ATTEST: !-
**By:
(sign here)
(print name/title) City Clerk .J
KAREN R. JIINDTZ, Assistant City Clerk
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be ,&gned by one corporate
officer from each of the following two groups.
*Group A. “Group B.
Chairman, S-V, President, or Assistant Secretary,
Vice-President CFO CM &&star,2 Treasurer
Otherwise, the corporation & attach a resolution termed by the secretary or
assistant secretary under corporate seal empowering the +Miir(s) signing to bind the
corporation.
APPROVED AS TO FORM:
ROW?. BALL, City Attorney
QP c3=fz!
&p&y City Attorney Lz c-m
9 C.&y Albmey Approved Version #05.22.0t
ALL-PURPOSE ACKNOWEDGMENT
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personaliy appeared
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personally known to me - OR- n proved to me on the basis of satisfactory
. . evidence to be the person(s) whose name(j.;
is/are subscribed to the within instrument am3
acknowledged to me that he/she/they execme.A
the same in his/her/their authorizec”x
capacityjies), and that by his/her/thLl’z
signature’s) on the inst.rEmen! the pcrson!i::
or the entity upon behalf of which tl.~
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NUIAKY’S SIGNATL’KE
OPTIONAL INFORMATION
The information below is not required by iau. However, it could prevent frauduient attachment of this acknowt
edgment to an unauthorized document.
CAPACITY CLAIMED RY SIGNER (PRINCIPAL) DESCRIPTION OF AhX-IED DOCUMDW
5 INDIVIDUAL
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CTliiJI;
- ___ -._--.--_ .-I
SIGNER IS REPRESENTING: RIGHT THCIMBPRINT E i OF i; 1
YA.ME OF FERSONISI OR ENTITY(:ES)
Sj!;?Q!G. ----._____ 1:
t
f -.- /; i’
APA S/W VALLEY-SIERRA, 813%36?-?369
CERTIFICATE
I, Jeanne S. Henderson, Assistant Secretary of Xerox Corporation, a New York.
corporation (the “Company”), DO HEREBY CERTIFY that the following is a true.and
correct copy of a resolution duly adopted at a meetrng of the Board of Directws of
the Company duly held and convened on July 14, 1980, at which meeting a duly
constituted quorum of the Board of Directors was present and acting throughout and
that such resolution has not been modified, rescinded or revoked and is at present in
full force and effect:
RESOLVED: that the President, any Vice President, the Treasurer, the
Controller. and any Manager or Director of any group, division or department
of the Company, be, and each of them severally is, empowered to execute
and deliver in the name and on behalf of the Company all agreements,
contracts, bids, instruments of conveyance or encumbrance, leases, bonds,
consents, certificates (including non-collusion certificates required by a
governmental entity, department, agency or official), releases, powers of
attorney and other documents which may be necessary or desirable in and
relating to the ordinary conduct of the business of the group, division or
department which he serves in that capacity. ‘. ._.
The undersigned further certifies that Daniel J. McLean: Controller, California
Government and Education Customer Business Unit, is authorized to act under the
above resolution.
fN WITNESS WHEREOF, the undersigned has executed this Certificate and affixes
the corporate seal of the Company hereto on June 19, 1998.
Assistant Secretary
(SEAL)
EXHIBIT “A”
SUPPLEMENTAL TERMS AND CONDITIONS ._ _
1. SERVICES GUARANTEE. The Contractor will provide these services as
described in this Agreement (“Services”). If the City ,be#ieves that tbe
Contractor has failed to provide the Services as described or is otherwise in
material breach of this Agreement, the City agrees to notify the Contractor in
writing of such failure so that representatives of both parties can meet to
discuss your concerns. The Contractor will then correct any identified material
breach of this Agreement within 30 days. If the Contractor fai’ls to do so, and
such failure is not materially caused by the City, the City may terminate this
Agreement without incurring any termination charges.
2. PERSONNEL. The Contractor will provide sufficient personnel ito perform the
Services as described. The personnel will perform in a prufessional manner
and will comply with all of the City’s applicable security and safev regstlations
provided to the Contractor during the Agreement. Requested Selvjces outside
the City’s standard working hours will be at the Contractor‘s overtime rate.
3. EQUIPMENT/SOFTWARE. In providing the Services, the Contractor will
provide and/or operate the equipment/software listed in this Agreement
(“Equipment” and “Software”). If during the term of this Agreement the
Contractor is unable to maintain the Contractor-owned Equipment or ,Software
in good working order, the Contractor will replace such Equipment or
Software with either an identical product or another product with comparable
features and capabilities. The Contractor will also provide standard supplies
(i.e., toner, developer, fuser agent and stapies) (“Supplies”).
4. CONFIDENTIAL INFORMATION. While the Contractor is perfbrming tie
Services under this Agreement, each aarty will disclose TO the other certain
business information rdentiiied as cr: .,%ar?Piai (“%nfid&rai Information”).
The parties agree tha”; In2 terms arid C0i~~f.liil0f1.l Gf this Agreement, any
exhibits and amendments hereto and the Contractor’s proc&ures or
operations manuals shall be considered the Contractor’s Confidential
Information. Each party will make reasonable efforts not to discjose the others
Confidential Information to any third party, except as may be required by law,
unless such Confidential Information: (I ) was in the public domain prior to, at
the time of, or subsequent to the date of disclosure through no fauit of the
non-disclosing party, (ii) was rightfully in the non-disclssing par-b@
possession or the possession of any third party free of any obligation of
confidentiality, or (iii) was developed by the non-disclosing pa&y’s employees
or agents independently of and without reference to any Confidentiit.
10
City Attorney Approved Vmsion #05.2ZM
Information. The obligations of confidence set forth above shall terminate one
year after expiration or termination of this Agreement.
5. COMPLIANCE WITH LAWS. The Contractor will fu8y comply wy3.h atf
applicable laws and regulations in the performance of the Services. The C@
agrees that all facilities at which the Services are to be performed ~$5 Wy
comply with all applicable laws and regulations as well as tie City’s security
and safety regulations provided to the Contractor.
7. CITY FURNISHED ITEMS AND RESPONSIBILITY. In no event shall the.
Contractor be responsible for any failure to perform the Services caused by
equipment, software, services, design implementation, or data streams u~n4ess
such items are selected or supplied by the Contractor. The City granti or
transfers to the Contractor sufficient rrghts to use software owned, licensed or
otherwise controlieo by the City so!ely for purposes of the Contra~%ois
provision of Services under this Agreement. The City agrees itca take
responsibility for legally disposing of all hazardous wastes generated from We
use of non-Contractor brand equipment or supplies.
8. FORCE MAJEURE. Neither party shall be liable to the other fur its falure to
perform any of its obligations hereunder during any period in wniti sucn
performance is delayed by circumstances beyond its reasonable contmf.
9. EQUIPMENT BUYOUT. If this Agreement includes a Monthly ~Equ@ment
Buyout Amount, this amount will be included in the Monthly Min~um Chaqga
(unless the Agreement does not include a Monthly Minimum Charge in thick-
case the Monthly Equipment Buyout Amount will be shown as .a separde line
item on the City’s invoice). The Contractor has provided these funds (?%ayou~
Funds”) to you to retire the debt o:? the City’s exrstl~~ equ$rneti $ease
obligations and, as a result, tne Contractor shall retain or rwive
unencumbered title to such equipment upon such buyout. ShouScl the
Agreement be terminated prior to expiration for any reason, tihe:ity agrees to
pay to the Contractor (even if termination fees would not oth~~ise be duejV h
addition to any other amounts owed render the A;~+~ement. an amour% o<~~ak
to the rexaining ync:ipai Galarice of “:;: 3~ywt Fuds.
10. FUND OUT. The City states that it is its intent to make all payments required
to be made under this Agreement. In the event that, through no .tin
initiated by the Carlsbad City Library, The City’s legislative body does not
appropriate funds for the continuation of this Agreement for any f&c& par
after the first fiscal year, and the City has no funds to do so from c&er
sources, this Agreement may be terminated. To effect this termination, the
City shall, 10 days prior to the beginning of the fiscal year for which the City’s
legislative body does not appropriate funds, send the Contractor wmer-r
notice stating that the City’s legislative body failed to appropriate funds. The
11
City Attorney Appmved W&m ##2522.01 0
City notice shall be accompanied by payment of ail sums m owed the
Contractor under this Agreement, and shall certify that the canc&x! Sew&es
and/or Equipment are not being replaced by Services aMYor Equipment
performing similar functions during the next ensuing fiscal year. The CQr will
then be released from the City’s obligations to make any further garments to
the Contractor. The Contractor shall retain all sums pati un&er this
Agreement.
11. COPYRIGHT AND TRADEMARK. City represents to Contra&x%x% Ci& has
taken adequate measures to avoid copyright infnngement and will n&request
Services that would constitute copyright infringement or otherwise W&e any
intellectual property rights. City shall be Iiabie for all damages that retifrom
breach of this provision.
12 City Attorney Approved Ver&n #0522.QF
EXHIBIT “5”
PRICING
XEROX AGREEMENT # 70435632
1. Pricing for the Services provided under this Agreement is as foibws:
Minimum Impressions
Monthly Included in
1 Charg-e Per
impression
Charge, j Minimum 1 Above Wnimum
J I 1
/ $10,116.00 30,000 B/W
2,000 Color 1 .O15 @NV machines)
.I 5 ful? Color/ .07 BAA!
(Coioa ,machines) 1 i
_ . ; _,--
13 City Aitomey Approved Version #O&22.01
EXt-ttEW “CT
EQUIPMENT / SOFWARE LISTING
,XEROX AGREEMEIW # 2
The following Equipment and/o: Software is instalkd u&r- this Agreement at Client’s
location {see Exhibit “E” for additional equipmentj
Dove
Dove
[Cole/Reference
Cole
Cole
Dove
- ..-.- I DC420AC2 I Xerox Owned
DC420AC2 Xerox Owned I I DC420C2Bevel 1 Xerox Owned I , DC420AC2 a’ Xerox Owned
DC420AC2 1 Xerox Owned
N2825N B Xerox Ow.ned
Cole
,Cole
N2825N
N2825N
Xerox Owned
Xerox Gwned
Cole N2825N
Dove/Info Desk 5799NEDl
Xerox Uwned
Xerox Owned
Cole
Dove/l nfo Desk
Dove/Reference
Dove/Children’s
wdren’s
5799NEDI c i
zx-9 J Phaser 860N
Phaser 860N
Xerox Owned
Xerox Owned
Xerox Owned
Xerox Owned I -~_. _-.. Phaser 86QN : j Xerox Owned t 4
City Jkthmey Approved Version #05.22.01 14
EXHlBlT “‘0”
STANDARDS OF PERFORMANCE
XEROX AGREEMENT # 7005632
During the term of this Agreement, City and Contractor agm Ihat Ccntrac&r
shall operate pursuant to the following Standards of Perfomarwx
1.
2.
3.
4.
5.
6.
7.
The Contractor’s associate will be the single point of m for a# s
and services related to the Contractor at the following GQ&Carlsbad fa
on a weekly basis:
. Dove Library
1775 Dove Lane, Carlsbad CA 92009
. Georgina Cole Library
1250 Carlsbad Village Dr. Carlsbad CA 92008
. Centro De lnformacion
3333 l-larding Street, #+I 1, Carlsbad CA 92008
City of Carlsbad will designate a key contact for each ,loc&&n Oisted above.
A centralized inventory of supplies will be maintained &II&n each fac$Hy.
Supply levels are monitored weekly. Additional supplies m &e ordered wi
48-hour notice.
Copiers / Printers / Dispensers / Regenerators - Con&ac&‘s associate u&B
check out a key from a designated library employee at each Iocation who
then accompany Xerox associate during collect of monies an a week& bar
Collection and key immediately given to designated Libraq employee at e
location.
Contractor’s associate will initiate request for equipment %aWenance th& ks
provided during Monday through Friday, 8:00 am tiN 5BO pm. Addi&m
service will be charged at Contractor!s current r-a% a% ~sso&te can; :K:.
contacted via pager after hours.
Contractor’s associate will collect monthly meter reads on or before the- %?’ Q-#
each month.
Single monthly invoice for all services under this agreementrwiil #x provide& W
the customer each month.
City Attorney Appaved Version ##O!LX!.W
15
Network Print llhnaszem
Statement of Work
Xerox Corp. C\O Carlsbad PizMic
Librp-y r
T3i.s Statement qf Work {SO f fcl provides a det&&$
dcxriptio.; c?,f rhe NetM~oi-k i’ :z.it Management pfq&m
d3igmd syx.; :‘/ici.$yj2w X3-a. e. mi~qcz. C, 0 Carlsbmj P&f&c ‘4
Library, including Scope of Work, Pricing and Biaing; and
Terms and Con&hs.
September 13,200l
(with revisions)
. Exceptional People. Proven Methods
Contents *
Solution Overview 2
Project Scope
Project Plan
Statement of Work
3
4
-5
Site Layout 9
Customer ResponsibMies.- l?
Schedule KS _I_-.
System Warranty 14
Xerox Connect solutioa warranty ?A
Warranty for third party products 14
Support Services 14
Guarantee for Xerox manufactured equipment x5
1 Pricing and Billing Error! Bookmark m# define&
Prepared by:
Name
Valerie Prochnik
Xerox Connect
1851 East 1” Street. Suite 155t?
Santa Ana, CA 92705
Prepared far:
Xerox Corporation ti Cam Pubfic
Library
Attention: Kim Montgww~
858-546-8585 (voice)
vaierie.prochnik@connect.xerox.mm
0 XEROX CONNECT 2001 All Rights Reserved
This Statement of Work contains
Xerox Connect private data, which is
intended for the exclusive use of our
client The contents of this docu-
ment may not be reproduced or
divulged outsrde tne clrent’s organi- zation without the specific written permission of Xerox Connect. Xerox
Connect, inc. is a wholly owned sub- sidiary, and Xerox Connec? is a
trademark of Xerox Corporation.
9/13/01 Xerox Connect Proprietary aw Cw%dentid q
Statement of Work for Xemx Cormmtion for Camhw Livery
r i%%sx ?.H.‘
Schedule
After Xerox initiates this
Agreement for Carlsbad Pub-
iic Library, the Xerox Connect
Project Manager will negotiate
the detailed project schedule.
Once started, Xerox Connect
estimates that this project will
take 2 weeks to complete.
If you have questions about
this document, contact
Valerie Prochnik at:
(858) 546-8585.
Solution Overview
Xerox Corp. 00 Carlsbad Public Lhrary
As Xerox plans to manage and upgrade the technology of the G&&r& Public
Library, Xerox Connect believes our partnership will ensure a SIZHZO& and suc-
cessful implementation of the proposed network printing ~oluaia.
A new solution integrating network printers and print release sta&x~~ is offered
to increase the Carlsbad Public Library’s print productivity ancE szdine the
print process.
How will this project benefit you?
Implementing the proposed solution will create a network-bas&!pr&ing
solution for the Carlsbad Public Library. This solution streamline all opera-
tions that are a part of rhe print-for-pay process. It allows the -Tting of
network printing. facilitation of card reader and printing opea~~ and pro-
vides automated accounting functions for print jobs submitted.
Xerox Connect will work collaboratively with Xerox to ensure s~sful im-
plementation of this solution in a consolidated timeframe, with =r&maI effort
from your staff.
How to initiate this project...
To deliver a network-based printing solution with debit-card charge back of
printed output to end users, Xerox Connect proposes to da the f-g:
H Provide the necessary systems to support the tasks of netwo&ed computer
printing within Carlsbad Public Library. Including: charging “mck print
jobs, debit card use and to provide on-demand management-H reports
Scope of Work for the network ptinting project
= Provide complete project managcrnent for the entire solutior~, tiluding
working wiih subconrracrors, procurement of materials, ax&res~~~~e
scheduling.
= Provide new debit-card readers to charge patrons and athe~ end US+ZS of li-
braF computers on a per-page basis for printed output.
m Impiement the ~;etwork p:-inting w’xfiw including network ctifwnen!s,
I;crvers, pr!nr 7it:ar;e si:~!irms. neh mik merating system;. s~~:‘?xxx sn;?lica-
tmns and other eiements listed in ti;e att&hed Bill of Mater&s.
Deliverables
R Install, configure and test Windows NT Print Servers.
n Install, configure and test MS-SQL Server.
n Install, configure and test Print Release stations and attached c& readers.
9/l 3101 Xerox Connect Proprietaryat& 62dden tj& 2 f, ,.‘: pi
Statement of Work for Xem Cmpofation for Ch?k&& Pubk Library
Project Scope
During this project, Xerox Connect will install and configure a mark-based
printing solution for Carlsbad Public Library. Upon compieticm &&is pro-
ject, you will have a completely installed network printing so&&&n, as de-
scribed in the following project scope, and in the “Statement of %&kc.”
II Ensure that the existtng network infrastructure will support the propod pnnting’
solution.
m Provide complete project management for the entire solution. in&* $vorking
with subcontractors, procurement of materials, and resource sched&&g where
necessary.
= Implement the network printing solution described in this document. I&is in-
cludes installation of network components, servers, network opera&z svstem,
software applications, and other elements listed in the Bill of Materia&..V
m Specify, configure and implement electronic charge-back devices for automated
accounting of the entire print-for-pay process.
w Installation of Client software that will include the following functioaztIity:
- A dialog box will appear during the print process that will allow t&e patron to
insert information. This will allow the patron to identify their&&s ,a$ the “Re-
lease Station”.
m Provide an overview orientation session or‘ the proposed solution to.iZe~ personnel
in the Information Systems department of the CarIsbad Public Libraqy.. This wilt
orient personnel to the key components of the network-based printing :sz&tion.
This orientation will not exceed one (1) day.
9/l 3101 Xerox Connect Proprietary a& Confidential 3
Statement Of~wcNk for )tenrx~ :?.I ,CZ%i&ad Public. i.jbnaky
Project Plan
The following diagram shows the complete ~IXXJJS &‘& dev&@ng and im-
plementing a print network infrastructure fop xglM# ;aWt the C&sbad PubEja
Library.
Xerox Connect design and rmplementation
process
ldentify requirements. develop design, manage
delivery resources. insfa!! the solution. and test
implementation to ensure it meets requfrements.
8 Cieanupimsite.
s Ensure all t&in3 party
cioumm&W, warranty
hfmmm. revlistration
m Hold a kickoff meeting
and develop a schedule lmiEIJ solution. to implement the
m Unpack all materials
and verify proper
operation.
= Install, configure and
test all the pnnMs.
m Install, configure and
test the Windows MT
setver.
&x&J- -
I Review ins%allation with
Xerox zina @ae Library .
d Review ablMMner Pqect
AccerXimz Document
(CPAD$ ldvth Xerox.
a Ensure network imple-
mentam i comalate
n Completed n Leverage the available
resources to streamline
the installation process.
m Enforce quality controls
during implementation.
to yaw sie&factio”. m Instat!. configure and
test the print “Release
Stations”
m Program and
configure al card
readers.
ef:
i
ptTlje&. Xerox conm win
cttr&a a debnefiq to ensure
/
9/l 3/01 xemXOmnec3Rup4ietaryan1# Confidential 4 /” !
L “J
Statement of Wok for Xerox C%potMon far CaM2ad PuMic Library
Statement of Work
Xerox Connect will provide all of the services required to Tmprrperiy itipEement
the network solution described in this proposal. These serv&s include the
following:
Planning and design activities. These activities are required to select the
appropriate technologies, configuration and design iayout to meet the
needs of Xerox. This work has been completed.
Project management activities. This includes devefvwnt and imple-
mentation of a detailed project plan. scheduling of resources, working,
with subcontractors. and so forth. The project manag= will also coordi-
nate. order and schedule the delivery ofsofiware and hardware required to
complete the soiution (materials acquisition).
Installation and configuration activiks: These services include im-
plementation of system and network components, ioadhg of software and
testing activities to verify proper network operation.
Post installation review activities: Prior to project cfos\lre, Xerox will
review the entire solution with Xerox, provide documet-rt;ition and product
literature, and discuss network suppwt and maintenancxz
-==+q 23uhl Step I: Planning and Design
-e?l Activities:
n Develop a strategy with the Carlsbad P&lie Library to cooperatively de-
ploy the open-use printing solution. fssires to address .will inclucie IP ad-
dressing, location of the Print and SQL servers, all hardwareisotiware that
the library will facilitate for this solution, all required nmork cormec-
tions, any required technical assistance and all other items listed under
customer responsibilities.
= Develop and document File directory sticture, Access rights. Printer I
Prmt server names for the print devices as describe in the site in wt.
R Develop an;: \ crify a zomplcic- Bil3 ofhlarerials (BOM 1, impfe;:ientation
requirements and pricing list for completing the solution.
Deliverables:
m Proposal with a bill of materials for hardware, software,
= Logical Network Diagram based on the inclusion of the new printer serv-
ers and “Print Release Stations”.
e
9/l 3101 Xerox ciomect Propfiem Rnd confide~tral 5 -
l-0
Statement of Woe Etxabx Corporation for Carlsbad Public Library
Step 2: Project Management
i Hold a kickoff meeting or confe~ez~~e c&l to discuss installation logistics
and tasks.
Communicate the scope change/change order process to Xerox. Act as
the focal point for approving and Implementing changes orders as re-
quired.
Review the criteria for project accepmnce. and explain the Customer Pro-
ject Acceptance Docume.nt to be signed at the completion of the project.
Identify skill sets required for the project, and schedule resources for de-
livery.
Procure and schedule delivery of necessary network hardware and soft-
ware as stated in the BOM.
Inventory equipment upon arrival at location. Location to bc determined
by Xerox Connect Project Manager and XeroxKarlsbad Public Libray.
Ensure that Xerox Connect and Carlsbad Public Library, and Xerox un-
derstand the site readiness criteria for this project, and that these criteria
are met prior to the start of installation activities. Site readiness criteria
include items related to buil&ng construction, electrical/power, and furni-
ture.
Provide frequent updates to Carl&ad Public Library and Xerox related to
the progress of the project.
Discuss and review Carlsbad Public Library and Xerox’s plans for manag-
ing and supporting the network once the solution is implemented. Review
plans for hardware maintenance.
Deliverables:
m Project Manager will be identified.
= Project implementation plan.
Step 3: Installation and Certification
= Verify that aii materials listed on the BOM have arrived. Reconciie ROM
and purchase orders to ensure all marerials are accounted for.
8 Record all serial numbers of all equinment for the LAN Documentation
Package. Documented serial numbers will be given fo Xero:i and Carls-
bad Public Library at the completion of this project.
n Unpack network components. setting packing materials aside until suc-
cessful operation of each is verified.
m Install, configure and test the Print servers as follows:
- Work with the cooperation of the IT staff at the Carlsbad Public Li-
brary to install the new Windows NT servers.
- Install print server and Print Management soiiware, and verify opera-
tion.
- Set up directory structure on file server if necessary.
9/l 3101 %rox Connect Proprietary and Confidential 6
Statement d VyFJik kw XErox cotporamfl fEa Carl&ad l?um l?ilarrary
l Install and Conf@m the ‘SQL !%mm and Software lm&zd at the M+.Gm
Library.
- Install MS SQL Server soti application and verify proper open-
tion.
n Install, configure and test ‘“Print R&me Station” work~tions:.
- Connect PC to network.
- Install networkdrivers.
- Install print release station cl&e& Print Managemeti,software
- Verify the cor&gration by sumess~ily launching application.
- Test configuration by n%ooting &e PC to ensure pmper start-up
- Install the RS-232 based car-d reader devices to the COM port’ m XXX&-
station. Test and vetie the configuration by ensting the succe&%
access the network, pnnt @EG, and execute standa& applications..
Note: Applications not specifkd in &is statement of work wiH be f&d&l
by the customer, unless the custssaep requests Xerox Connect to lo&?
them for an additional fee.
n Connect card readers at Carlsbacl Public Library to the print release- s&z;-
tionb. New readm will be fmished by Xerox Connecr
Deliverables:
m Servers and Components ImtaGe&
- Access rights. Printer i Print ~XZ-WX names for print detices ancEpx&t
queues for equipment as des!ignated in the site Iayoua for Carlsba6
Public Library.
- Install print server Print Management software ati verify operat&m
- Add Printer Queues. lD”s and prim server for for quiprnent as de&g-
nated in the site layout.
= Install SQL Server Sofmae onm Server
- Install MS SQL Sener sof%wa~ application and v&e proper ~pem-
non.
D install. configure and test ‘.F’rtnt Release Stmons” and workstatiom@%Y’s
if needed, to include:
- Connect PC to network.
- Inst311 network drivers.
- Install print release station ckut Print Management s&ware
- Verify the configuration by sumesstilly launching application.
- Test configuration by rebooting&e PC to ensure proper start-up
- Install the RS-232 based witi~~g .&mess to the CCB4 port on work-
station. Connect the card ma&m and test and veri5y rhe by ensumrg
the successful access the netwo&, print files, and execute standard zp-
plication.
9/l 3101 Xerox Connect Propri~ and, cOnf1~W4&# 7
17
m Install, Configure and test tk Client W
nectivity.
- Verib each workstation O&IS Print !?kmkx~
- Verify printer client setup m each WOI%SB&L
9/13/01
StatamenadWaicforXenm~ fcxCa~~~~ Library
Site Layout
Print
Release
Carlsbad Public Library Site Layout i ,y L) ‘., ,+,$,a,: ,,;, .+:,:. , ,‘i, .,
SQL Print Color =pJ _.I, .;;:py: : 1, 1: ‘. .,) ..I ,‘,, 8. >..., s,!,::w
.
\iend
Note: Applications not specified in this sSattnnent C&WC.& will. be Ikwkxl by
the customer. unless the customer reqwsts Xerox C.CEZMX~ to kcWwpg~ for an
additional fee.
9/I 3101 xefox-~ry~~cos~ 9 9 ’
Jl
Satement &Work for Xerox Corporatim for Cai-fshd Publtt Library
Step 4: PO.& installation Review
n Clean up work site and set packaging materials aside fbr disposition by
Xerox.
D Ensure all third party documentation, warranty information- registration
documents and media that were packaged with the system components are
delivered to Xerox.
n Review in.staHation with Xerox and the Carlsbad Public Library. Provide
a short overview training session of the Xerox network printing sotution.
Review and answer any questions.
m Deliver Xerox Maintenance Agreement start-up package (if applicable).
Discuss pnrcedures for resolving hardware and software probtems.
n Review Customer Project Acceptance Document (CPA@ with Xerox and
obtain sign-off that ail criteria have been successfultj completed.
H Deliver a copy of the signed CPAD, Statement of Work document (or
proposal), network design diagram (if applicable) and equipmertt serial
number list to Xerox. Review of post-installation support information, in-
cluding contact phone numbers
Deliverables:
l Print Network and system documentation for the installed solution
- For “‘Release Workstation” installation
* Documentation for workstation files (configqs. autoexec.bat,
win.ini, and program.ini)
- For server installation
* Login names, passwords. and access rights for all users enabled on
the installed server (or servers)
* Print server and print queue names
- Additional documentation:
* Post-installation support information, including contact phone num-
bers
n Customer Prqiect Acceptance Document, which includes the LAN Docu-
mentation Package containing all equipment serial numbers
a All third pzrty documentation. w;!;-;,~IJ. inform izion. re+ratisn ~d0~.:i~-
ments and media that were packaged with the system components.
9/13/01
n
Xerox Connect Pfopdetacy and Confidential 10
132,
Statement of Work for Xerox Corporaikx7 ti Carlsbad R&k w
Customer Responsibilities
Site readiness is critical to the timely and successful cor@etion oftis pro-
ject. To ensure site readiness, Xerox in cooperation with Carlsbad Pubtic
Library is responsible for the following:
Ensure that all cable is installed, and that the existing mtble pEm% is. My
functional.
Provide IP addresses and NT Domain names for the NT servers and cfient
workstations.
Unique login names are required for proper operation of the .soh&on. The
Carlsbad Public Library will provide the login names at time af instdla-
tion. _
Ensure that all-wide area network (WAN) connections and conyxments
(including installation and configurmon of CSU/DSGs, and rotmxs) rue
fully functional.
Provide power to all installed components.
Provide adequate heating, ventilation and air conditioning @WAC).
Provide an appropriate work area for the techn&ians to implemen$ the
proposed solutidn (space, fight, and so forth).sumsl an a&&e netw~&&n-
nection.
Provide furniture (tables, desks, communication cab&%, shelves, and so
forth) on which to place hardware.
Ensure the set up of all supplied hardware in the rooms where they will ix
installed.
Ensure that all network local and wide area network connections, which
will impact the proposed solution, are functional to manufacturer sped%
cation.
The Xerox Connect project manager will work with you to set time
frames and help you verify that you have met all site readiness cx&ria. If
Xerox Connect incurs additional costs because Xerox or the C&s&d
Public Library has not met the site readiness criteria, Carlsbad Pnbbc
Library may be char& additional fees.
Other responsibilities. The Car&bad Public Library is also responsibic for
the following:
n Install any applications not specified in the Statement of Work
Q/l 3/01 Xerox Connect Propfialary and Cm 3 1
statement of work for Xerox cufpolaticm for cartsm P&c ~Lmaly
Assumptions:
The network print solutton will function on Wn’Terrn devices although
the “pop up” utiIiQ wrI1 not.
The network print solution will function on WnFrame PC’s, &though the
“pop up” utility will not.
Xerox Corporation will be providing all copiers as specified in the site
layout to Xerox Connect on or before the in.cAiation period as agreed
upon by Xerox and Xerox Connect. If delays occur delivering this
equipment. Xerox might incur an additional expense of’biEh&~ cons&ing
hours from Xerox Connect.
Xexox Corporation will provide to Xerox Connect its anah@ ta, assist
with the implementation of the solution. This will help Xerox better
understand the delivery of our technology to the customer.
Xerox Connect will assume that circuits are in place between Eibrary
locations.
Xerox Connect will assume that the bandwidth is not taxed greater than
15%.
9/l 3101 Xerox Connect Proprietary and CWidentitid 92 f ‘rl. I
Statement of Work for Xerox Corporation for CaM Public Library
Schedule
Xerox Connect understands the necessity to begin &is projecr in a: nmely
manner. After the Xerox Connect Order Agreement is signed, Xerox Con-
nect, Xerox, and Carlsbad Public Library will negotiate the exact start date.
At this time, Xerox will also begin ordering the required maseriaIx. Project
scheduling is subject to the following conditions:
n Xerox Connect will begin implementation afier all necessary hdware
and software is delivered to your sites.
n If Xerox Connect is responsible for procuring materials for your project.
we will make every reasonable effort to procure the necessw hardware
and software in a timely manner without incurring addirional expense to
Xerox or Carlsbad Public Library.
m Once started the implementation will take two weeks to cornpke~e.
9/l 3101 Xerox Connect PmpriHzuy and tIkm&fential 13 /c
3
Statement of Work for Xerox Corporatim for Carts?r;rd Public Library
System Warranty
Xerox Connect stands behind the services and solutions we provide. At the
same time, we must rely on hardware and software manufacturers to test and
provide accurate information about the integration of their products. If a
manufacturer changes product versions an&or models, affecting Ihe interop-
erability of the solution we recommend EO you. we will work 011 jour behai: to
develop an alternative solutioi~
In the event that you have a problem with the hardware. software, or solution
delivered during this project, the following apply:
Xerox Connect solution warranty
If you have a problem with the network solution or its implementation, Xerox
Connect will make every reasonable eZort to identify the source of the prob-
lem and resolve it m a timely manner under the following condiaons:
n If we find that the problem is caused by a flaw in our design, or by our
implementation of the solution, we will correct the problem.
m Xerox Connect is only responsible fm problems caused by changes to the
configuration made by Xerox Connect personnel and its subcontractors.
B If the problem is not caused by Xerox Connect, additional fees may be re-
quired to resolve the problem.
m Xerox Connect is not responsible for the remedy of third-party product
limitations or the systems they affect.
n This warranty is effective for 60 days from the date of the signature on the
CPAD.
n Maintenance for all Release Stations and Servers will be equal to the
Standard Manufacturer’s Warranty. Any onsite support that is required by
Carlsbad Public Library after the inssallation is compieted will be billed at
a Time and Materials basis.
Warranty for third party products
Warranties and gilarantees for a”ll third-yarty products purchase? &rough
Xerox Connect art arranged by and an: :i:e responsibiliry oi‘.‘ie;-irx. If Xerox
purchases a Xerox Connect maintenance agreement, Xerox Connect will ser-
vice the product as specified by that agreement.
Support Services
Xerox Connect currently offers software maintenance and sum agreement.
Xerox Connect will provide to Xerox the term and conditions ofthis agree-
ment upon completion of the installation. The current prieing for this solution
includes an estimated cost for this third party agreement. The pricing may
vary depending on customer requirements and service> level agreements.
Xerox Connect will make every effort to work within the boundaries of the
current estimate.
9/l 3101 Xerox Connect Proprietary am2 Confidential 14
StaIemmt of Work for Xerox Corporation for Cailsbad Public Library
Guarantee for Xerox manufactured equip-
ment
Xerox Corporation offers through XEROX this warranty to the end user (cus-
tomer). If you are not totaIly satisfied with any Xerox manufactured equip
ment ordered under this a_greement, Xerox will, at your request, replace it
without charge with an identical model or a unit with comparable features and
capabilities. This guamntee will be effective for three years following equip-
ment delivery, unless the equipment is financed by Xerox for more than three
years, in which event it will be effective during the entire term of Xerox fi-
nancing. This Lguarantee applies only to equipment that has been contmuously
maintained by Xerox or its author&d representatives under a Xerox Field
Service Maintenance Agreement, and is not applicable to software, services,
third-party products, or equipment damaged or destroyed due to an Act of
God. This warranty is provided by Xerox Corporation. not Xerox Connect
Inc.
9/l 3101 Xerox Connect Proprietary and Confidential 15
$Satementof‘w~ kr Xerox Corporation for Carkbad Public Lii
I Equipment List
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1EACH lntercavd e@pmentwarw~ for a total of 3f months
PEACH U@ftW4hwwr on eite7f24support (for Servers) :.,
IEACH _,' ~.slppMtfor lh%prW ia% I year (3 years)
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1DEACH :NIicmN%a Serwer2Ot30 Cliint Access License :hl
1 U\i.gq .*: “. -:&&#&a+%&
1 EACH’ SQL!%wwikerise2~
1EACH ZlMndows ‘2DW I&&a +P&
60 EACH ~Cliint PlDGass Lioenses
ZEACH KVA 7fX?G Card Dispene&Re~aluator/Magnetic
ZEACH Stand fsr Card Dispensen’Rwaluator
1 EACH Card ;ear~ftr Prkter cable I Magnetic
1EACH Coin Vend Printer cabie
aw34 Copier htertace Harness
1 EACH copyprint~~ting-
1 EACH CR 66&W kIioi T?ansaction +idl Hiio
SEACH I-UC0 ThickKey cads Each
22EACH tntetface kfness tern%na#
7 EACH Interface hamess Terminal Xs 3200 copy
GEACH MJU - cables
9/l 3101 Xamx Connect Proprietary and ConfidenW
?iS&mmd uf Woal~ ftx Xerox Corporation for ‘Z&B&& P&tic Library
1 EACH POWMS~llSNY~W~
1 EACH Prinberpaper?I4i@iKkr65j
iEActi
1 EACH RevaktatorPWtscabte
22EACH us i10i?LatPrAliwstrpply :.
8EACH casbBoxL!%%~vendStation
IdEACH Hasp and Lock kr VS ;aKv Ml Acceptor
8EAcH PedeswhrVerdlstawil ?.Ch.-
” 2EAen ; $., ste*ti~~ i *A ‘,,;$‘,,g’;;*. -,‘, .;; ‘;j:l-j’ T , , / ,.
1DOOEACH ‘j HcocaRlsTbdKpt4tec
8EACH ClX 15” Flat OS3 #ulPRTu Monitor
GEACH‘ Deskpm EN ~P3.866;,a5GB,128MB,48~KF4;~ %WlOOnic
,2 EACH Memory $25 MByte SDRAM DIMM
2EACH w24 DAI Qiue (_,
6EACH -9.1 GB SGSI Wde t&a 2 Universal Drive,
&ICY,.
“,,,
B&c UP-=mY * ,., ‘1 2EACHk -9 ~ Dual fade NIC WlW IX i ,. ,’ ..* _ Y‘ .’ ._
;+$“:,~,wc)(. + Pro#arit,~~P3.9~~28MB,1011OO”ic,B~ ” ‘,
PEACH ” SmartArray Co&&r
1 EACH
7Each
GEACH
Smart UPS JoDnet
AS-3202 Card Reader #or Copiers Card Only)- L .,
AS3202 Card Reader {for Print Release Card Cl&y)
8EACH VS W#fl Copyfh&croh Vend (billskoins/cards)
9/13/01 xerox Connect Proprietary an~d Confidential I?
EXHtBtT “F”
REPAIR AND MAINTENANCE SfRVlCE
Xerox will provide five-day repair and maintenance servtce between 8~00 AM and 5P%l Monday
through Friday. We will provide Saturday and Sunday ass&ance via your site ~~SIZ@ZZ&? who will
be available on as needed overtime basis. Overtime rates after 5PM Monday thrau& Friday are
$36.00 per hour and $48.00 per hour all day Saturday and Sunday.
Technical Caoabilities/Suooort
Xerox employs dedicated Analysts that work with fl- at the City of Carl&& ‘& connect the
Document Centre Products onto the network. (See detail in the Bid S%+et). Prior to
installation of the Document Centre Products, a netiorii questionna!re (em%sedj will be
completed to assist the analyst with your environment. Ongoing support is cntwe?l and can be
obtained 24 hours a day via a customer support hotline or by contacting the ana&st.
Xerox Systems Analysts provide technical support before placement of equ@ment, during
the install to support implementation as well as account expansion. 7%~ ~rform the
following functions:
Gathering and analyzing customer requirements.
Developing and validating the recommended configwation (Systems Assur-)
Identifying customer resources and skills required for successful solution impi@me&ation.
Incorporating customer requirements for support services into final plan.
Developing a comprehensive customer training plan to include users,, techti staff, and
managers.
Engaging non-Xerox resources if necessary.
Installation support for network connectivity and conliguratiin.
Application design, development, and implementation.
Development and documentation of improved work processes.
Office Docament Assessment (ODAj. Network And@ .etc
Customer Training and other services such as volume growth, prod& mining and
equipment relocation.
Call Management Process
Xerox regular business hours are from 8:OOAM to 5:00PM, Monday through FF&s~, howeve: ta
meet the growing needs of our customers, we are available 24 hours a day, inclu&Rg holidays.
This beyond normal working hours labor rate can be established between Xerox and %e City.
. The CSE will initiate the Machine Maintenance Check List and Pro&ct Rdrtijity Control
process at the time of service. All maintenance items will be reviewed, cleaned’ QT replaced
as needed. In addition to replacing normal maintenance items, Xerox provid@s engineering
Upgrades and design improvements for your equipment to improve reliab&@. BheFefOre. if
there are any enhancements kit(s) OF part(s) not installed on the equipment &e CSE will
install the kit(s), part(s) at the time of service or at some other time mutual& @reed upon.
Before closing the service call the CSE will document all activity performed on: @K? equiprnen:
within the service log, which is kept with the machine at all times. A sample cay~3y will be ran
1
40
and displayed to the customer for their approvai. The CSE will exptain, tP?e woblem, causal
and a descnption of the work performed on Ibe eeuipment to the assign.& %ZS rep and offer
any preventable steps to orevent further dawn time. In the event addition& support is needed
the CSE will implement the Call EscaMiun Process.
Call Initiation
The process associated with a Xerox seru+ce call on a Xerox unit is necessary to insure
satisfaction to the end user and to meet Xerox Corporation’s high standard ti Total Customer
Satisfaction that the City of Carlsbad expects. The steps associated with the service call are as
follows:
1. The end user will notify the ass@ned XBS rep who in turn wi% @ace a call to the
Customer Support Center (C.S.S.C.), via a 24 hour 8OO- number;.
2. Assigned XBS rep will provide the customer support representative at the center with
the equipment serial number, contact name and phone number.. This account will
probably be red flagged to dignify that it is on a different type of cmract.
3. The CSR will ask for the prM &script&-t and offer potenti& sta@s for resolution.
4. The CSR, along with the rep’s feedback, will determine if on site Mce is required,
5. Within 45 seconds, an automatic page will go out to the assigned Customer Service
Engineer (CSE) to alert him/her ,oT a service call.
6. The CSE will contact the assigned XBS rep within one hour to a&&e them of an
estimated time of arrival. .-
7. The CSE will arrive at We customer site within or before the con&actual response’ -
time of 4.0 hours unless otherwise negotiated with the assigned XBS rep.
Escalation Process:
The CSE will initiate the escalation process if the problem is not diagnos& and on its way to
being resolved within two hours of servicing the equipment. In addition ti @ne Call Escalation
Process, the following are additional support mechanisms avaiiabk? to. ensure customer
satisfaction.
Dedicated Customer Support:
Escalation SUPDOI?: . A technical Specialist on site within 24 hours if needed. . On line telephone hotline support with a Field Engineer
. On line telephone Software support. . An on line local Customer Relations Person {CRP) to receive all cusmr escala!ion’s,
inquires and concerns. Within the Orange County area you can calt (7Ml 565-1413 during
normal business hours assistance.
Continuous improvement of Customer Service is a Xerox commitment and is he goal of every
service rep. By utilizing the data we receive from the Customer Satisfaction Mafnagement System
we can understand what is important to you our customer. Our service team lis attentive to the
voice of the customer and understands that good communication and continuous improvement is
essential to our meeting your service requirements. Xerox also believes h building lasting
relationships, therefore each account within a geographic has a dedicated’ tistomer Service
Engineer assigned by product. This insures account familiarity with usage, va&nes, and unique
customer requirements. In addition to an assrgned CSE, a backup suppaci Work Group of
Customer Service Engineers (6-8) are available for local cross support. TheMere, the customer
will receive service from the same workforce who are familiar with the accour&.
2
Parts Support:
Xerox utilizes unique OEM replacement parts specifically designed and manufactured for each
Xerox Model. The parts are manufactured by Xerox and are held to high reliability standards and
low defect rates. Each CSE carries parts needed to maintain the equipment within their vehicles.
To insure 95% uptime the CSE maintains 95?6 of all par!s needed on all service activities. The
availability of parts are further enhanced with the digital units being on site as customer
replaceable units. In the event the CSE does not have a needed part(s) within their vehicle,
she/he will obtain the part from a local decentralized parts center(DPC). In the event the DPC
does not have the part(s) the DPC will source the surrounding area or have the part(s) air
shipped overnight. The Departments and Division’s operator(s) therefore are assured to receive
the needed part(s) within 24 hours.
Account Management Process:
We keep comprehensive records on all of the equipment we service. Every service call provides
information about Response Time, Reliability, Uptime, Parts usage, and a variety of other
measurements. We also utilize a customer survey process that begins at the point of installation
of the equipment and continues throughout the service cycle. Xerox is committed to the City of
Carlsbad receiving maximum support and value from the service organization. By combining the
comprehensive records, the Work Group analysis, and your direct feedback during quarterly
reviews, allows us to focus our support and resources to fully meet your needs.
Customer Service EngineerSupport:’
The Work Group will consist of approximately 17 individuals with no less than five years of
experience on the product. In addition to the product experience, the CSE’s will receive
continuous training and documentation to maintain and improve product reliability. The Work
Group offers additional backup support for meeting response time requirements, parts support,
equipment problem resolution, and any unforeseen needed assistance. In addition to the Primary
Work Group, the City can be supported by over 150 CSE’s within the surrounding area, of which
at least 30 to 40 support their specific product(s). Xerox maintains 142 vehicles equipped with
the necessary tools and parts needed to service the equipment.
Training Service:
All CSE’s training includes a successful completion of 80+ hours of xerographic/di&tal, customer
skills, administrative training, and an additional 80 to 120 hours of extensive product specific
training. All CSE’s are required to compiete an additionai 40 hours of prooucr and skill training
every year.
Technology Support:
In addition to the highly skilled technical support, Xerox has invested heavily in technology to
enhance level of service. Following is a partial list of the technology availabfe to the CSE’s to
enhance the delivery of customer satisfaction:
. Lap Top Computers - contains all the service documentation for the equipment.
Access capability to the Customer Service Support Center to dispatch service calls,
review machine history, and analysis of the machine performance.
3
l Nextel Radio - A digital radio with Wo way and group mode cornmunicatton
capability. This offers quick backup support for insuring delivery of response time,
parts availability, and technical escalation.
l Pager - The technician is paged with the account information and descr@tii of the
problem within 45 seconds of the cali berng placed by the customer. It also acts as
a second communication devise to reach backup support and intemai resources
(Management, Service Billing, etc.)
l Cellular Phone - Insures immediate response to acknowledge awareness of the
service call and provide the customer with an estimated time of arrival.
l Sixth Sense - Allows the technician to access identified equipment ,remotety it,
order to diagnose, adjust, or repair the equipment prior to on sire service, if
needed.
. Service Summary - Xerox is committed to providing the City of Carlsbad wtih high
quality service and support. Xerox will continue to recycle and refine our service
processes and deliverables to continuously improve customer satisfaction based
on the city’s feedback. Xerox appreciates the opportunity to offers its equipment
and services to the City of Carlsbad and will work earnestly every day to earn the
right to be your vendor of choice.
4