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HomeMy WebLinkAbout2001-12-04; City Council; 16444; Library Copier/Printer Vending ServicesCITY OF CARLSBAD -AGENDA BILL a B E % . . p 2 d f 8 AB# Ib,yqJ m 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 I PAGE 2 OF AGENDA BILL NO. I6! I-I q L\ 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Ill Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2- 4 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. 1 City Attorney Approved Version #I 024.01 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. . 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. 2 City Attorney Approved Version #10.24.01 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. 4 City Attorney Approved Vwsionior10.24.01 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. 5 City Attorney Approved Version X1’0.24.0-1 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$ ?$Gsion #05.22.W -. ;: J”‘f I! . 1. - 26. AUTHORITY * The individuals executing this Agreement and the instm,mer& referenced in it on beha@ of Contractor each represent and warrant that they have #he legal power, right and actual authority to bind Contractor to the terms and conditions of this -> ,--J A(,?,‘:- [ ,T,&.J /LiL><,, li. .$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 r .-w-*-w -w-e- a-b-*-e-o-o-*-w- w-e-0 -*r* i I Q I . I w 0 . I l I w I l I 0 I l I l I Q I 0 I l I * I 0 I Q State uf California 0 1 Q . I w I . I . I ‘) . County of I On ,+Q i’b’ 7, ‘&?‘c& / before me, A&~.~ i (DATE. personaliy appeared SIGhZKa,.S, 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 r? CORPORATE OFFICER __--. _- TITLE !)R l’\‘PT 01’ POCL!‘rlENT -___ ” IT!.E.‘S E P.-^iRTNER( S) r- :~ \ I ,tli. ‘;k.,.Y k-1 .r\‘i”T’( I)(yf:?‘-(pc:-i:li‘! G ‘iXIJSTl~X(S ) E GUARDIAN/CONSERVATOR DATE 06. !WCL:911+‘7’ E OTj-{~:.“(. 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 : 1,; : : s >., $, ‘, sty :,.- ~‘,;,..~~’ ;\&~.- ,- ,,I&< j’ ‘8, “L” “‘:“y;, ; : ‘:‘$‘.? 1 Oescriptlon ‘_’ ,I_ I ,:: v_ . ,. 1EACH 4lller~1 ,a-.\ . j iz&#;;“. !_ i\. prsiedaarplerssement ,,p.,; 1EAGff:;: .~tioiont.~ ._ ,_ *.:‘, -.+ .,> $, : ‘_ _‘._ 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) : : _., ‘ (, I .1 lE.Wi ~,~‘~~.~~~Lketasekt&cLibrary . . ‘,_F, 1oEAcn UGpri&~%nterl&anw p&4 ‘L’.-; &&&~t;(T~r ‘. 1,; 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