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HomeMy WebLinkAboutAgenda Report - April 4, 2018 C-08TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Agreement with Ray Morgan Company for City -Wide Copier Maintenance ($165,000) MEETING DATE: April 4, 2018 PREPARED BY: Supervising Budget Analyst RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute an agreement with Ray Morgan Company for city-wide copier maintenance not to exceed $165,000. BACKGROUND INFORMATION: The City of Lodi entered into a master copier maintenance agreement with Ray Morgan Company in 2013. At that time, the city owned 16 Canon copier machines located throughout city offices. Since that agreement, as machines have needed to be replaced or purchased, departments have entered into separate agreements with Ray Morgan for their copier maintenance needs. The city now maintains 18 Canon copiers and desires to combine all agreements into one master five-year maintenance agreement with a total not to exceed amount of $165,000 for the five-year period. A consolidated master agreement provides greater oversight, ease of replacement when machines have reached their useful lives, and consolidated billing services. The cost of maintenance is dependent upon the machine model but ranges from $0.0066 to $0.01 per black and white copy and $0.051 and $0.065 per color copy. Per copy maintenance costs include service, parts, labor and toner. Staff recommends the award of this maintenance agreement under the Shasta Union High School District Contract No. A77-2031 which is a publicly bid contract already in existence and allowable under Lodi Municipal Code 3.20.045 State and Local Agency Contracts, and that Council approve the attached resolution authorizing the City Manager to enter into an agreement with Ray Morgan Company for the maintenance of Canon copiers located throughout city offices. FISCAL IMPACT: Annual maintenance cost for the 18 Canon copiers is estimated at $32,271. Total estimate cost for a five year period is $161,354. Staff recommends a not -to -exceed contract of $165,000 over the five year period. FUNDING AVAILABLE: AK:svb All impacted departments have funds appropriated in the FY 2017-18 Budget for their copier maintenance needs and will request subsequent appropriations in future budget years. Andrew Keys Deputy City Manager/Internal Services Director APPROVED: en SchwCity Manager RWe Ray Morgan Company Cation 3131 Esplanade, Chico, CA 95973 MAINTENANCE AGREEMENT Purchase Order# (Include hard copy if PO is required) BILL TO: Company Name: Lodi City Of Department: 209 333-6800 X 2888 Address: P.O. Box 3006 City: Lodi County: San Joaquin State: Ca. Zip: 95241 Phone #: 209 333-6800 X2888 Contact: Susan Bjork Email Address: SbjorkaIOdi.gov AGREEMENT START DATE: This maintenance plan is effective for 60 months from the agreement start date (install date if applicable). Base charges are payable in advance with overages billed in arrears PH: (530) 343-6065 FAX: (530) 343-9470 Date: 3/20/2018 Contract # RMC Account Rep: SHIP TO: Tamera Landa Becker Company Name: Lodi City Of Department: 209 333-6800 X 2888 Address: 221 W. Pine Street City: Lodi County: San Joaquin State: Ca. Zip: 95240 Phone #: 209 333-6800 X2888 Fax: Contact: Susan Bjork Email Address: Sbjorkalodi.gov eter Contact Information:( for those not pulling electronicall Contact Name: Susan Bjork Phone Number: 209 333-6800 X 2888 Email Address: Sbiork(a lodi.gov Primary Service Tech: COVERAGE TYPE: (Network support and related technical services are NOT covered by this agreement. Such services are offered with optional TSA agreement.) ❑ STANDARD (GF) (Includes all parts & labor; Excludes ALL consumables.) ❑ Excludes Drum (GP) ❑� BUNDLED (Al) (Includes all parts, labor and consumable toner. Consumables such as, but not limited to staples, ink stamps, paper or specialty media are excluded) ❑ Wide Format "Plus" (AIP) (Includes all parts, labor & supplies, including 20 Ib standard bond paper) ❑ NON-STANDARD (TO) (Includes consumable toner cartridges only. Excludes all parts, labor, and consumables such as, but not limited to staples, ink stamps, paper or specialty media) COVERED EQUIPMENT COVERED EQUIPMENT ESTIMATED ANNUAL VOLUME MANUFACTURERS PUBLISHED YIELD PER CONTAINER MINIMUM VOLUME CHARGE PER QUARTER MINIMUM CHARGE PER QUARTER OVERAGE/PER COPY CHARGE See Attached Multiple Equipment Supplement $ - To Be Added TO Master MA $ - $ - F TONER INCLUDED IN AGREEMENT: inimum Total Per MONTH In the case of supply inclusive agreements, RMC will supply to the Customer toner free of charge according to the Manufacturer's Published Yield per Container. At RMC's discretion, RMC may perform a Toner Usage Reconciliation audit from time to time. If Customer's toner usage exceeds the manufacturer's published yields, RMC will bill the Customer for excess toner usage at its lowest published price. RENEWAL: YES ❑ NO ❑ BILLING CYCLE - Bases ❑ Monthly ❑ Annual ❑ Quarterly ❑ Semi -Annual ❑ No base billing (Plus Applicable Taxes) BILLING CYCLE - Meters ❑ Monthly 0 Annual El Quarterly 0 Semi -Annual 0.00 SPECIAL INSTRUCTIONS Shasta Piggy Back Contract With No Escalations Master Agreement includes all Service, Parts, Labor and Toner. (excludes Paper Only For managed print agreements (Printers), you agree that if you retire, replace and/or add new equipment, you grant the Ray Morgan Company the ability to reflect these additions or deletions of said equipment and your payment under this agreement may adjust accordingly. For agreements without a base billing, the above stated pricing is based upon the guaranteed number of images listed under "Estimated annual volume". All images will be billed per the billing in arrears for actual usage. Customer agrees to purchase and RAY MORGAN COMPANY agrees to provide maintenance service for the equipment listed above, in accordance with the terms and conditions of this agreement. No terms or conditions, expressed or implied, are authorized unless they appear on the original of this agreement and are signed by the customer and an officer of RAY MORGAN COMPANY. The additional terms and conditions of this agreement listed on the reverse side are incorporated in and made part of this agreement. No change, alteration or amendment of these terms and conditions are authorized or effective unless agreed upon in writing by an officer of RAY MORGAN COMPANY. No course or dealing or other conduct or custom shall constitute an amendment to the terms hereof nor alter or vary the terms of this agreement. X x CUSTOMER SIGNATURE TITLE Print Name RMC APPROVAL DATE TITLE DATE v 8.0 02/26/2016 Page 1 of 2 1 RMC MAINTENANCE AGREEMENT - TERMS & CONDITIONS During the term of this agreement, and for each unit of equipment listed on the front of this document or any subsequent amendment or Schedule, the Ray Morgan Company (RMC) will provide, without additional charge, emergency repair service, preventative service, replacement parts (except under the conditions noted in this agreement) and in case of supply inclusive agreements (see front page for this agreement's specific coverage) all supplies (except, as applicable, paper, staples, and clear toner) under the usage limitation conditions listed in the front page of this document. The initial term of this agreement shall be for a period of 60 months and shall be automatically renewed for additional 12 month periods unless written notice is received by either party at least 90 days prior to the expiration of the initial term of the Agreement or any renewal thereof. This agreement shall NOT be assignable by customer without RMC's prior written consent. RMC shall have the right to cancel this agreement if any item is sold to a third party without such consent. 2 Maintenance charges provided herein are based upon the current costs of parts and labor and are subject to periodic increases and the effect of inflation. After the first year anniversary date of this agreement and any subsequent twelve month period, the minimum annual or monthly maintenance charges and charges for any overage copies/prints will increase a minimum of 5% over the charges of the previous year. In addition, the minimum billing charge, on any single billing period shall be $35.00. In addition, RMC may assess an additional fuel and/or freight surcharge to offset higher than normal service costs as a result of adverse economic conditions. 3 It is understood that should customer wish to add additional, recently acquired but not "new", printers (HP, Kyocera and the like) to this agreement that RMC reserves the right to inspect and approve the addition of each. Such approval is contingent on age and overall condition of the printers in question. RMC might, after inspection, require that certain reconditionina or repairs be made before the equipment in auestion is covered under this maintenance agreement. 4 All routine preventative maintenance and emergency service necessary to keep the equipment in efficient operating order will be performed by RMC staff during its regular business hours (8:00 AM to 5:00 PM Monday through Friday except holidays) at no cost to Customer provided that such services shall not include the following: a) repairs resulting from causes other than normal use; Customer's willful act, use of any paper stock that does not meet machine specifications, negligence or misuse including, without limitation, damage to any part or mechanisms and/or use or supplies or spare parts not manufactured and/or use or supplies or spare parts not manufactured by the original equipment manufacturer and which cause abnormally high service calls or service problems; accident, transportation, failure of electrical power, air conditioning or humidity control related problems. acts of nature (fire , flood etc), theft or b) repairs made necessary by service performed by personnel other than an RMC representative, or c) work which the customer requests to be performed outside regular business hours, or d) reconditioning or modification to the equipment except those specified by RMC's Technical Service Department to assure greater performance of the equipment. All of the foregoing shall be invoiced in accordance with RMC's established per call rates and part charges then in effect. Additionally, RMC shall have the right, when reasonably in need for reasons of significant equipment failure, to substitute equivalent Equipment (age, model, accessories and meter) at any time during the term thereof. Any removed parts replaced by RMC shall become the property of RMC. RMC shall have full and free access to the Equipment in order to provide service thereon and customer shall from time to time advise RMC of the names of its employees who shall act as "key operators," with responsibility for performing basic operator maintenance as described by RMC personnel. 5 Certain "housekeeping" duties as outlined in the Owners Instruction Manual provided with the equipment (such as cleaning the glass, clearing misfeeds, if possible, etc) are the customer's responsibility. If a representative of RMC is called to do servicing of this nature the customer will be charged at the established rates for this service. Customer responsible for providing manufacturer recommended, adequate power supply. 6 Meter reading(s) must be provided by customer in accordance to the frequency stated on the reverse side of this Agreement. Customer agrees to provide correct meter readings to insure accurate and timely billing to the customer by RMC. If correct meter readings are not provided timely, RMC will calculate an estimated meter reading(s) and bill the Customer in accordance to the frequency contracted for. RMC may assess an additional surcharge to offset administrative costs should calls need to be made to Customer in order to secure meter readings. In addition, RMC may automatically collect from the Equipment, via electronic transmission to a secure off-site location, certain data to be used for servicing the equipment, billing meters, supply replenishment or product improvement purposes. Automatic transmitted data may include, but is not limited to, product registration, meter reads, supply level, equipment settings, and problem/fault code data. All such data shall be transmitted in a secure manner specified by RMC. 7 Additional service such as cosmetic, modification, or relocation, etc. requested and authorized by Customer and rendered by RMC will be charged at established rates for such service. 8 If customer's service and/or supply account becomes past due, RMC may (a) refuse service or delivery of supplies until account is made current or (b) provide service on a C.O.D. per call basis at the then current rate for time and materials. Additionally, Customer agrees to pay to RMC its cost and expense of collection including reasonable attomey's fees and all charges earned for service provided before the Customer went on a per call C.O.D. basis for non-payment per the terms of the agreement. 9 Liquidated damages: In the event that the customer defaults or chooses to cancel this Agreement before its original term or any extension thereof, Customer promises to pay to the Ray Morgan Company the following amounts as reasonable liquidated damages (and not as a penalty) for breach thereof: a) Contracts with 24 or more months remaining: twelve times the monthly base (or as the case may be quarterly base divided by 3) plus six months average overages, if any. Overage average shall be determined as the average sum of overage billing the customer has been invoiced for during the current term or 6 months whichever is longer. b) Contracts with 13 to 23 months remaining: nine times the monthly base plus six months average overages, if any. Overages average shall be determined as the average sum of overage billing the customer has been invoiced for the previous 6 months. c) Contracts with 12 or less months remaining or any subsequent 12 month renewal: six times the monthly base plus sox months average overages, if any. Overages average shall be determined as the average sum of overage billing the customer has been invoiced for during the previous 6 months. 10 Cancellation for Non -Performance: Customer may cancel the agreement for non-performance as follows: Customer must forward to RMC via registered mail, to the address listed on the front of this document, the specific problems with the system or other area(s) of non-performance and dissatisfaction. RMC shall have 30 days to correct the problem. If RMC has not corrected the problem within 30 days, Customer may notify RMC of their intent to cancel in 30 days, after which time the Customer is no longer bound by the Liquidated Damages portion of this agreement. Cancellation of the maintenance agreement for non-performance does not provide relief to the Customer from being obligated to make all remaining lease payments (if any) to the leasing company providing financing services for the equipment in question. This agreement may be cancelled by RMC for any reason with a 30 Day Notice. Retained Title: Title to all supplies furnished hereunder, including consumable parts such as drums, remains with the Ray Morgan Company until said supplies are consumed to the extent they may not be further utilized in the copy/printing process. In the event this agreement is cancelled by either party, Customer agrees to return to the Ray Morgan Company all unused supplies provided under this agreement including toner and photoconductor. 12 RMC's obligation and warranties under this Agreement are in lieu of (a) all other warranties, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose and (b) all other obligation or liabilities for damages including but not limited to personal injury or property damage, loss of profit or other consequential damages arising out of or in connection with this agreement of the maintenance service performed hereunder. Nor shall RMC be responsible for delays or inabilities to service caused directly or indirectly by strikes, accidents, climatic conditions or any other reason of similar nature beyond its control. This agreement shall be governed and construed according to the laws of the State of California. 13 Payment terms are upon receipt of invoice (URI) unless otherwise specified. Late charges will be assessed on the outstanding balance if payments are not received within 15 days of invoice date. The minimum late charge is $9.50. Late charges will not exceed the maximum permitted by law. Customer agrees to pay to RMC a charge of $25 for any returned checks per occurrence if any of seller's checks are returned to RMC unpaid. Upon default of any payment or any other aspect of this Agreement, RMC may at its option, declare the entire outstanding balance due and payable, including the Liquidated Damages stated in Section 9 of this Agreement. 14 In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attomey's fees and costs from the other. 15 Insurance Requirements for Contractor, Ray Morgan Company, shall take out and maintain during the life Agreement, insurance coverage as set forth in Exhibit A attached hereto and incorporated by this reference 11 This agreement and the attachments thereto, incorporated by reference, constitutes the entire agreement between the parties with respect to the fumishing of maintenance service superseding all previous proposals oral or written. No representation or statement not contained herein shall be binding upon RMC as a warranty or otherwise, nor shall this Agreement be modified or amended unless signed by RMC's General Manager Customer Initials Page 2 of 2 Approved as to form Deputy City Attorney EXHIBIT A NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage. Jnsurance Reauirements far Contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Contractor's operations under this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or indirectly employed by either of them. In the event Contractor's insurance cannot fully cover any hired subconsultants, the terms of insurance herein shall be requirements for the subconsultant. The amount of such insurance shall be as follows: 1. COMPREHENSIVE GENERAL LIABILITY $2,000,000 Each Occurrence $4,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. 3. ERRORS AND OMISSIONS / TECHNOLOGY $1,000,000 Per Claim $2,000,000 Annual Aggregate Covering all acts, errors, omissions, negligence, network security and privacy risks, including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection, or other negligence in the handling of confidential information, privacy perils, and including coverage for related regulatory defense and penalties; data breach expenses, and payable whether incurred by City of Lodi or Contractor, including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services in the performance of services for, or on behalf of, City of Lodi. Such insurance shall be maintained in force at all times during the term of the agreement and provide an Extended Reporting Period (ERP) for a period of one year thereafter, for services completed during the term of the agreement. When project specific insurance is required, all limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: Jnsurance Reauirements for Contractor (continued) (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides commercial general liability coverage at least as broad as this form) such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and Page 1 I of 2 pages 1 Risk: rev.08.28.2017 volunteers as additional named insureds. An additional named insured endorsement is also required for Auto Liability. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor's commercial general liability policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring. (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Workers' Compensation. (d) Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. (e) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (f) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. (g) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (h) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (i) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. Page 2 I of 2 pages ] Risk: rev.08.28.2017 NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 3 1 of 2 pages 1 Risk: rev.08.28.2017 J! ii/OV Ray Morgan Company This Equipment Schedule A is to be attach PAGE 1 OF EXHIBIT B Monthly Images Overage BW CPC CLR CPC Agreement Number EQUIPMENT INFORMATION Serial # ULK02756 Ownership Customer CityZipMa Lodi 95240- �4,4,sR,n -)t.„.•.14:'''' R r 1 $ ;i..: �" 1 - ._ .,a' a, tY 0.0088 Start Meter Pool # 2 Copies Rate Model # Location Address Canon FR 072608 City Clerk 221 W Pine Street 0.0510 Canon IR C5235A RRB25302 Customer Fire - Admin 210 W Elm Street Lodi 95240 • 1 doter) - 2 0 0553 Canon IR C5235A RRB28068 Customer Finance - Acct/Budget 310 W Elm Street Lodi 95240 - 1 0 0100 - 2 0 0553 Canon IR 4235 RKJ18053 Customer Finance- Rev/Collections 310 W Elm Street Lodi 95240 - 1 0 0090 - Canon IR C3325i OTW06177 Customer Streets 2630 S Stockton Street Lodi 95240 - 1 0.0100 - 2 0 0600 Canon IR C55401 WXE11748 Customer PRCS - HSS Sr./Admin 221 W Pine Street Lod 95240 • 1 0 0100 _ 2 0 0053 Canon IR 3025 MTV18566 Customer PRCS - HSS SrfConf Rm 125 S Hutchins Street Lodi 95240 - 1 0 0137 - Canon IR C5540 WXE11560 Customer Human Resources 221 W Pine Street Lodi 95240- 1 0.0100 - 2 0 0553 Canon IR C5240 RRD12726 Customer MSC 1331 S Ham Lane Lod 95240 - 1 001002 0.0553 Canon IR 3225 DF H04863 Customer EUD - Warehouse 1331 S Ham Lane Lodi 95240 1 0 0137 Canon IR C5240A RRD12135 Customer PRCS - Recreation 230 W Elm Street Lod 95240 - 1 0 0100 2 0 0553 Canon 1R C5240A RRD06927 Customer Water Treatment Plant 2001 W Tumer Road Lod 95240 1 0.0100 - 2 0 0553 Canon IR C5240A RRD06920 Customer Community Development 221 W Pine Street Lodi 95240 - 1 0 01002 0.0553 Canon IR C505113 GOM65054 Customer Public Works Administration 221 W Pine Street Lodi 95240 - 1 0, 0068 - 2 0.0510 Canon IR C5235 JWH11790 Customer Wastewater Treatment Plant 221 W Pine Street Lodi 95240 - 1 amp - 2 0 0553 Canon IR C55401 WXE0B391 Customer EUD Engineering 1331 S Hayne Lane Lodi 95242 • 1 00100- 2 0.0553 Canon IR C55401 XLJ01847 Customer EUD : Annex Trailer 1331 $ Hane Lane Lodi 95242 - 1 0.0100 - 2 00553 Canon IR C355if WKE05491 Customer City Manager's office 221 W Pine Street Lod 95240 - 1 0.0100 - 2 0 0650 • CUSTOMER ACCEPTANCE rrect oy the undersigned Lessee, who acknowledges receipt of a copy: Dated: Customer: Signature: Dated: Title: Print Name: Customer: Signature: Title: Print Name: EXHIBIT C 5 year estimate: Equipment Location Equipment Serial Number Combine BW & Color Monthly Estimate Lodi City of, White Slough JWH11790 $ 126.97 Lodi City of, EUD Warehouse DFH04863 $ 1.03 Lodi City of, Lodi HSS Senior Ctr MTV18566 $ 0.70 Lodi City of, Streets QTW06177 $ 43.60 Lodi City of, Finance RKJ18053 $ 37.29 Lodi City of, Fire Dept RRB25302 $ 110.63 Lodi City of, Finance/Budget RRB28068 $ 273.64 Lodi City of, Recreation Division RRD12135 $ 257.32 Lodi City of, EUD RRD12726 $ 122.41 Lodi City of, City Clerk ULK02756 $ 259.60 Lodi City of, Human Resources WXE11560 $ 157.67 Lodi City of, HSS Admin WXE11748 $ 248.48 Lodi City of, Community Development RRD06920 $ 248.81 Lodi City of, Water Treatment Plant RRD06927 $ 189.17 Lodi City of, PW Admin GQM65054 $ 380.11 Lodi City of, EU Engineering WXE08391 $ 64.00 Lodi City of, EU Annex X1101847 $ 102.80 Lodi City of, City Manager Office WKE05491 $ 65.00 Average Monthly Average Yearly 5 year estimate: Total Request not to exceed: $ 2,689.23 $ 32,270.72 $ 161,353.62 $ 165,000.00 EXHIBIT D RMC MAINTENANCE AGREEMENT: ADDENDUM: The RMC Maintenance Agreement — Terms and Conditions shall be modified as follows: 1. To the Terms and Conditions, Section 1, Add: "This Agreement shall supersede and replace all other maintenance agreements between RMC and the City of Lodi, existing at the time of its execution." 2. To the Terms and Conditions, Section 1, Add: "City shall have the right to terminate this Agreement, in whole or in part, if in its sole judgement a copier has reached the end of its useful economic life. In case of partial termination, the payment terms shall be adjusted to reflect the reasonable value of services for any remaining printers covered by this Agreement." 3. To the Terms and Conditions, Section 13, edit: "Payment terms are upon receipt of invoice (URI) unless otherwise specified. Late charges will be assessed on the outstanding balance if payments are not received within 1-530 days of invoice postmark date." All other Terms and Conditions will remain in effect. Approved as to form Deputy City Attorney . , RESOLUTION NO. 2018-54 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANGER TO EXECUTE A FIVE-YEAR AGREEMENT WITH RAY MORGAN COMPANY, OF CHICO, FOR CITYWIDE COPIER MAINTENANCE SERVICES, UTILIZING SHASTA UNION HIGH SCHOOL DISTRICT CONTRACT NO. A77-2031; AND FURTHER APPROVING UPDATE OF THE MASTER LIST OF MAINTAINED MACHINES WHEREAS, the City of Lodi owns 18 Canon black/white and color copier machines located throughout City offices; and WHEREAS, several separate agreements have been entered into with Ray Morgan Company to maintain the copiers located throughout City offices; and WHEREAS, the City requires continuing maintenance services on its Canon copiers, and it is advantageous to have one master agreement for maintenance services for City office Canon copiers; and WHEREAS, staff recommends awarding the maintenance services agreement utilizing Shasta Union High School District Contract No. A77-2031; and WHEREAS, Lodi Municipal Code Section 3.20.045, State and Local Agency Contracts, allows waiving of the bid process when advantageous for the City, with authorization from the City Manager and City Council, for contractual services awarded in accordance with formally - adopted bidding procedures approved by the governing boards of other California public agencies. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby waive the bid process and award a five-year master maintenance services agreement for 18 Canon copier machines located throughout City offices, utilizing Shasta Union High School District Contract No. A77-2031; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the master maintenance services agreement with Ray Morgan Company, of Chico, California, on behalf of the City of Lodi, at the per copy rates specified therein for a not -to -exceed amount of $165,000 over the five-year term; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby approve updating the master list of maintained copier machines, specified therein, as copier machines are replaced or added into the City's Canon copier inventory. Dated: April 4, 2018 I hereby certify that Resolution No. 2018-54 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 4, 2018 by the following votes: AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN COUNCIL MEMBERS — None NI FER n . FERRAIOLO ity Clerk 2018-54