CM-2019-0022 - 1/18/2019CITY OF ROUND ROCK LEASE AGREEMENT
WITH
TAVCO SERVICES, INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS § 1(54,
This Agreement is for the lease of one (1) OCE PiotWave printer. s annex, and for related
services. This Agreement is made and entered into on this then_Z-1
d day of the month of
G,n u,_ , 2019, by and between the CITY OF ROUN ROCK, TEXAS, a home -rule
municipality hose offices are located at 221 East Main Street, Round Rock, Texas 78664,
referred to herein as the "City," and TAVCO SERVICES, INC., referred to herein as "Vendor."
This Agreement supersedes and replaces any previous agreement between the named parties,
whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to lease one (1) OCE P1otWave 345 printer scanner and rear
front delivery and related services, and City desires to obtain same from Vendor; and
WHEREAS, Vendor is an approved vendor of the Texas Department of Information
Resources ("DIR"); and
WHEREAS, City desires to lease certain goods and related services from Vendor
through DIR Contract No. DIR-TSO-3101 as set forth herein; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.0 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to lease specified goods and Vendor is obligated to provide specified goods
and related services. The Agreement includes the following: (a) pages one (1) through eight (S)
of this document; (b) the Vendor's quote and DIR Contract No. DIR-TSO-3101 (attached as
Exhibit "A" and incorporated herein by reference for all purposes); and (c) any additional
00415625 ss2
exhibits, addenda, and or amendments thereto.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Goods and Services mean the specified services, supplies, materials,
commodities, or equipment.
E. Vendor means TAVCO Services, Inc., or any successors or assigns.
2.0 EFFECTIVE DATE; INITIAL TERM; ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement is for sixty (60) months from the effective date
hereof.
C. Pricing shall be firm for the duration of this Agreement. No separate line item
charges shall be permitted for invoicing purposes, including but not limited to equipment rental,
demurrage, or any other extraneous charges.
3.0 SCOPE OF WORK
A. The goods and related services which are the subject matter of this Agreement are
described in the "Quotation" in the attached Exhibit "A."
B. This Agreement shall evidence the entire understanding and agreement between
the parties and shall supersede any prior proposals, correspondence or discussions.
C. Vendor shall satisfactorily provide all deliverables and services in Exhibit "A." A
change in the Scope of Work or any term of this Agreement must be negotiated and agreed to in
all relevant details, and must be embodied in a valid Supplemental Agreement as described
herein.
4.0 COSTS
A. City agrees to pay Vendor the amounts set forth in the "Quotation" attached as
Exhibit "A" for Iease of the item and related services described in Exhibit "A."
B. City shall be authorized to pay the Vendor an amount not -to -exceed Four
Thousand Eight Hundred Forty -Nine and 111100 Dollars ($4,849.11) per year for a total not -
to -exceed amount of Twenty -Four Thousand Two Hundred Forty -Five and 551100 Dollars
($24,245.55) for the term of the Agreement.
5.0 INVOICES
All invoices shall include, at a minimum, the following information:
1. Name and address of Vendor;
2. Purchase Order Number;
3. Description and quantity of items received; and
4. Delivery dates.
6.0 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to lease the goods and or
services as determined by City's budget for the fiscal year in question. City may effect such
termination by giving Vendor a written notice of termination at the end of its then -current fiscal
year.
7.0 PROMPT PAYMENT POLICY
Prompt Payment Act. In accordance with Chapter 2251, V.T.C.A., Texas Government
Code, any payment to be made by City to Vendor will be made within thirty (30) days of the date
City receives goods under this Agreement, the date the performance of the services under this
Agreement are completed, or the date City receives a correct invoice for the goods or services,
whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on
September 1 of the fiscal year in which the payment becomes overdue, in accordance with
V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not
apply to payments made by City in the event:
There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
cause the payment to be late; or
2. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
3. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
4. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
8.0 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
9.0 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
10.0 INSURANCE
Vendor shall meet all City of Round Rock insurance requirements set forth at:
http: ': www.roundrocktexas. go p-content/uploads 2014:12; corr insurance 07.20112.pdf.
11.0 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Michael Thane
Utilities and Environmental Services Director
2008 Enterprise Drive
Round Rock, TX 78664
(512) 218-3236
mthane(@roundrocktcxas.gov
Gary Hudder
Transportation Director
2008 Enterprise Drive
Round Rock, TX 78664
(512) 218-5560
budder roundrocktexas. ov
12.0 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City acquiring the
specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any.
Vendor shall be declared in default of this Agreement if it does any of the following and
fails to cure the issue within thirty (30) days of receipt of written notice:
A. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
0
B. Becomes insolvent or seeks relief under the bankruptcy laws of the United States,
and is unable to perform its material obligations under the Agreement.
13.0 TERMINATION AND SUSPENSION
A. In the event of any uncured default by either party, the non -defaulting party has
the right to terminate the affected portions of this Agreement for cause, upon ten (10) days'
written notice to the defaulting party following the cure period.
B. In the event City terminates under this section, the following shall apply: Upon
the effective date of the termination, Vendor shall discontinue performance of the affected
Services and will schedule the removal of the affected Equipment. The City will be responsible
only for amounts due and owing for the terminated affected Services and affected Equipment up
through the date of termination.
14.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies.
B. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification form the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the terns of the contract. The signatory executing this Agreement on behalf of
Vendor verifies that Vendor does not boycott Israel and will not boycott Israel during the term of
this Agreement.
15.0 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
16.0 NOTICES
A. All notices and other communications in connection with this Agreement shall be
in writing and shall be considered given as follows:
When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
TAVCO Services, Inc.
P.O. Box 15985
Austin, Texas 78761
Notice to City:
City Manager
221 East Main Street
Round Rock, TX 78664
l.i:l01101I
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
B. Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
17.0 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
19.0 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing.
20.0 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
21.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
2
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
22.0 MISCELLANEOUS PROVISIONS
A. Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
B. Time is of the Essence. The parties agree that, from time to time, certain unique
transactions may have special requirements relative to timing and, accordingly, the parties will
identify those transactions and exercise best efforts to accomplish those transactions within the
stated timeframe. Other timing requirements will be met in a commercially reasonable manner.
Where damage is caused to City due to Vendor's failure to perform in the special timing
requirement circumstances, and subject to the Limitation of Liability provision in the Exhibit
"A" (SSA), City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
C. Binding Agreement. This Agreement shall extend to and be binding upon and
inure to the benefit of the parties' respective heirs, executors, administrators, successors and
assigns.
D. Multiple Counterparts. This Agreement may be executed in multiple
counterparts, any one of which shall be considered an original of this document; and all of
which, when taken together, shall constitute one and the same instrument.
[Signatures on the following page.)
7
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
TAVCO Services, Inc.
By: - v -
Printed Na e: {+n �a
Title:
Date Signed: I Z% 0
City oLgund Rock, Texas
By: t n= �424-q 64-c A.&
Printed Name: r -
Title: A55 V. 1 r -
Date Signed: /- - %
For City, Attest:
By:
Sara L. White, City Clerk
For City, rovedas to arm:
By:
StephanV-. Sheets, City Attorney
k4
'ge TAVC0
SOLD TO Mike Schurwon
City of Round Rock, TX
221 E. Main Street
Round Rock, TX 78664
SHIP TO City of Round Rock, TX
221 E. Main Street
Round Rock, TX 78664
Wide -Format Plotters, Scanners, & Bluebeam Revu
Serving Austin • Houston - San Antonio - Corpus Christi , Bryan-Cotlege Station
QUOTATION
AROUND ROCK TIXAS
PURPOSE. FM .51(0't PROSPERrrY
DATE November 13, 2018
QUOTE # RR 111318
CUSTOMER PO #
L Kevin Vaughan I On receipt 1 3D days from date I See below j
QUANTITY
PRODUCT
DESCRIPTION
PRICE
E)(TENDED
60
150000OIA
Oce Plotwave 345 Printer
5155.90
59,354.00
60
87828004
Oce Scanner Express Ili
557.86
53,471.75
60
88988001
Oce Delivery Base Unit (Flat stacking tray)
526.14
51,568.00
60
88988002
Interface LV/MV TDS/PW (Component for flat stacking tray)
51.87
5112.00
60
EasyPAC Service
PW345 EasyPACII Coverage (onsite parts, service, and 2 toner carton/year)
$119.33
57,159.80
60
EasyPAC Service
Scanner Express Service (60 month rate)
$43.00
52,580.00
Texas DIRA (Authorized Canon Vendor): DIR•TSO.3101
Proposal nates•
• Prices as per DIR•T50.31D1 published rates
• All onsite parts, labor, and software support is Included
• EasyPAC Service includes 2 cartons of toner per calendar year
• EasyPAC Service includes an allowance of 2000/square feet per month
• Excess printing over 2k/month billed at 50.02795
• Paper and other print media is excluded and must be purchased seperately
Total price for bundled package
524,245.55
Order Notes
completed credit application is needed to pursue leasing options
L;enerai I errrls allci t;ol anions
.easing options (if applicable):
Pius tax, with approved credit
A onetime admin fee applies to all lease programs (unless otherwise stated)
Customer is resoonsible for Texas PPTX (unless otherwise stated
Printed Name
Title
Sianature
Date_Sianed
To place order, please email completed form back to sales@tavco.net or fax to 512-252-4828
Exhibit "A"
TAVCO Services, Inc.
PO Box 15985
Austin, TX 78761
866.254-8590
512-252.4828
www.tavco.net
DIR Contract No. DIR-TSO-3101
Vendor Contract No.
STATE OF TEXAS
DEPARTMENT OF INFORMATION RESOURCES
CONTRACT FOR PRODUCTS AND RELATED SERVICES
Canon U.S.A., Inc.
1. Introduction
A. Parties
This Contract for products and related services is entered into between the State of Texas,
acting by and through the Department of Information Resources (hereinafter "DIR") with
its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701,
and Canon U.S.A., Inc. (hereinafter "Vendor"), with its principal place of business at I
Canon Park, Melville, NY 11747.
B. Compliance with Procurement Laws
This Contract is the result of compliance with applicable procurement laws of the State of
Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State
Business Daily, Request for Offer (RFO) DIR-TSO-TMP-224, on November 24, 2014 for
Print, Scan, Facsimile, Multifunction Devices, 3D Printers and Related Services and
Managed Print Services. Upon execution of this Contract, a notice of award for RFO DIR-
TSO-TMP-224 shall be posted by DIR on the Electronic State Business Daily.
C. Order of Precedence
For purchase transactions under this Contract, the order of precedence shall be as follows:
this Contract; Appendix A, Standard Terns and Conditions For Products and Related
Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses
Subcontracting Plan; Appendix C, Pricing Index; Appendix D, Master Lease Agreement;
Appendix E, Master Operating Lease Agreement; Appendix F, Maintenance and Support
Agreement; Exhibit 1, Vendor's Response to RFO DIR-TSO-TMP-224, including all
addenda; and Exhibit 2, RFO DIR-TSO-TMP-224, including all addenda; are incorporated
by reference and constitute the entire agreement between DIR and Vendor governing
purchase transactions. For Lease transactions under this Contract the order of precedence
shall be as follows: this Contract; Appendix D, Master Lease Agreement; Appendix E,
Master Operating Lease Agreement, as applicable depending on the type of lease;
Appendix A, Standard Terms and Conditions For Products and Related Services Contracts;
Appendix B, Vendor's Historically Underutilized Businesses Subcontracting Plan;
Appendix C, Pricing Index; Appendix F, Maintenance and Support Agreement; Exhibit 1,
Vendor's Response to RFO DIR-TSO-TMP-224, including all addenda; and Exhibit 2,
RFO DIR-TSO-TMP-224, including all addenda; are incorporated by reference and
constitute the entire agreement between DIR and Vendor governing lease transactions. In
the event of a conflict between the documents listed in this paragraph related to purchases,
the controlling document shall be this Contract, then Appendix A, then Appendix B, then
Appendix C, then Appendix D, then Appendix E, then Appendix F, then Exhibit 1, and
Department ofinformation Resources Page 1 of 6 (DIR rev 05^^28115)
Exhibit "A"
DIR Contract No. DIR-TSO-3101
Vendor Contract No.
finally Exhibit 2. In the event of a conflict between the documents listed in this paragraph
related to lease transactions, the controlling document shall be this Contract, then Appendix
D or Appendix E, depending on the type of lease transaction, then Appendix A, then
Appendix B, then Appendix C, then Appendix F, then Exhibit 1, and finally Exhibit 2. In
the event and to the extent any provisions contained in multiple documents address the
same or substantially the same subject matter but do not actually conflict, the more recent
provisions shall be deemed to have superseded earlier provisions.
2. Term of Contract
The term of this Contract shall be one (1) year commencing on the last date of approval by
DIR and Vendor. Prior to expiration of the original term, DIR may extend the Contract, by
amendment for up to three (3) optional one-year terms. Additionally, the parties by mutual
agreement may extend the term for up to ninety (90) additional calendar days.
3. Product and Service Offerings
A. Products
Products available under this Contract are limited to Print, Scan, Facsimile,
Multifunction Devices, 31) Printers and Related Services and Managed Print Services
as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their
product offering; however, any changes must be within the scope of products awarded
based on the posting described in Section 1.13 above. Vendor may not add a
manufacturer's product line which was not included in the Vendor's response to the
solicitation described in Section 1.13 above.
B. Services
Services available under this Contract are limited to Related Services specific to Print,
Scan, Facsimile, Multifunction Devices, 3D Printers and Managed Print Services as
specified in Appendix C, Pricing Index. Vendor may incorporate changes to their
service offering; however, any changes must be within the scope of services awarded
based on the posting described in Section 1.13 above.
4. Pricing
Pricing to the DIR Customer shall be as set forth in Appendix A, Section S, Pricing,
Purchase Orders, Invoices and Payment, and as set forth in Appendix C, Pricing Index, and
shall include the DIR Administrative Fee.
5. DIR Administrative Fee
A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of all
sales to Customers pursuant to this Contract is three quarters of one percent (.75"'0').
Payment will be calculated for all sales, net of returns and credits. For example, the
administrative fee for sales totaling $100,000 shall be $750.00.
B) All prices quoted to Customers shall include the administrative fee. DIR reserves the
right to change this fee upwards or downwards during the term of this Contract, upon
Department of h formalion Resources Page 2 of 6 (DIR rev 05:28;15)
Exhibit "A"
DIR Contract No. DIR-TSO-3101
Vendor Contract No.
written notice to Vendor without further requirement for a formal contract amendment.
Any change in the administrative fee shall be incorporated in the price to the Customer.
6. Notification
All notices under this Contract shall be sent to a party at the respective address indicated
below.
If sent to the State:
Dana L. Collins, CTPM, CTCM
Manager, Contract and Vendor Management
Department of Information Resources
300 W. 151i St., Suite 1300
Austin, Texas 78701
Phone: (512) 936-2233
Facsimile: (512) 475-4759
Email: dana.collins(a-)dir. texas. gov
If sent to the Vendor:
Mike Hurley
Canon U.S.A., Inc.
1 Canon Park
Melville, NY 11747
Phone: (631) 330-2613
Facsimile: (631) 330-5459
Email: isgbidadmin@cusa.canon.com
7. Software License, Service and Leasing Agreements
A. Shrink/Click-wrap License Agreement
Regardless of any other provision or other license terms which may be issued by
Vendor after the effective date of this Contract, and irrespective of whether any such
provisions have been proposed prior to or after the issuance of a Purchase Order for
products licensed under this Contract, or the fact that such other agreement may be
affixed to or accompany software upon delivery (shrink-wrap), the terms and
conditions set forth in this Contract shall supersede and govern the license terms
between Customers and Vendor. It is the Customer's responsibility to read the
Shrink/Click-wrap License Agreement and determine if the Customer accepts the
license terms as amended by this Contract. If the Customer does not agree with
the license terms, Customer shall be responsible for negotiating with the reseller
to obtain additional changes in the Shrink/Click-wrap License Agreement
language from the software publisher.
B. Service Agreement
Services provided under this Contract shall be in accordance with the Maintenance and
Support as set forth in Appendix F of this Contract. No changes to the Maintenance
Department of hijb oration Resources Page 3 of 6 (DIR rev 05r28i 15)
Exhibit "A"
DIR Contract No. DIR-TSO-3101
Vendor Contract No.
and Support Agreement terms and conditions may be made unless previously agreed
to by Vendor and DIR.
C. Master Operating Lease Agreement
DIR and Vendor hereby agree that Vendor is authorized to utilize the Master Operating
Lease Agreement in Appendix E of this Contract for Lessees that are Texas State
Agencies or otherwise authorized to conduct lease transactions through DIR contracts.
D. Master Lease Agreement
DIR and Vendor hereby agree that Vendor is authorized to utilize the Master Lease
Agreement in Appendix D of this Contract for DIR authorized entities as Lessees that
are not Texas State Agencies or otherwise required by statute to utilize the Texas Public
Finance Authority for such leasing transactions.
8. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product
and Related Services Contracts.
A. Section 5. Intellectual Property Matters is hereby replaced in its entirety as follows:
This contract does not contemplate, authorize or support acquisition of custom software
products or services. If Vendor and Customer seek to contract for such product or
service, they must use a separate contract or seek amendment with DIR of this contract.
If DIR and Vendor decide to authorize customized software or hardware products then
the intellectual property language will be negotiated and applied.
B. Section 8. Pricing, Purchase Orders, Invoices, and Payments, C. Customer Price,
Paragraph 3. is hereby replaced in its entirety as follows:
3) If pricing for products or services available under this Contract is provided by the
Vendor at a lower price to: (i) an eligible Customer who is not purchasing those
products or services under this Contract or (ii) to any other customer under the same
terms and conditions provided for the State for the same commodities and services
under this contract, then the available Customer Price in this Contract shall be adjusted
to that lower price. This requirement applies to products or services quoted by Vendor
or its resellers for a quantity of one (1) under like terms and conditions, and does not
apply to volume or special pricing purchases. Vendor shall notify DIR within ten (10)
days and Appendix C of this Contract shall be amended to reflect the lower price.
C. Section 8. Pricing, Purchase Orders, Invoices, and Payments, D. Shipping and
Handling Fee is hereby replaced in its entirety as follows:
The price to the Customer under this Contract shall include all shipping and handling
fees. Shipments will be Free On Board Customer's Destination. No additional fees shall
be charged to the Customer for standard shipping and handling. If the Customer
Department ofkformation Resources Page 4 of 6 (DIR rev 05`2815)
Exhibit "A"
DIR Contract No. DIR-TSO-3101
Vendor Contract No. _
requests expedited or special delivery, Customer will be responsible for any charges
for expedited or special delivery. Any Special Rigging charges will be quoted
separately.
D. Section 10. Vendor Responsibilities, A. Indemnification, Paragraph 2. Acts or
Omissions is hereby replaced in its entirety as follows:
2) Vendor shall indemnify and hold harmless the State of Texas and Customers,
AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL
THIRD PARTY LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND
ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or
resulting from any acts or omissions of the Vendor or its agents, employees,
subcontractors, Order Fulfillers, or suppliers of subcontractors in the execution or
performance of the Contract and any Purchase Orders issued under the Contract. THE
DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF
THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED
DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM
THE OFFICE OF THE ATTORNEY GENERAL. VENDOR AND THE
CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH
OTHER OF ANY SUCH CLAIM.
E. Section 10. Vendor Responsibilities, K. Limitation of Liability is hereby replaced in
its entirety:
For any claim or cause of action arising under or related to the Contract: i) to the extent
permitted by the Constitution and the laws of the State, none of the parties shall be
liable to the other for punitive, special, or consequential damages, even if it is advised
of the possibility of such damages; and ii) Vendor's liability for damages of any kind
to the Customer shall be limited to the total amount paid to Vendor under the Contract
during the twelve months immediately preceding the accrual of the claim or cause of
action. However, this limitation under ii) of Vendor's liability shall not apply to claims
of bodily injury; violation of intellectual property rights including but not limited to
patent, trademark, or copyright infringement; indemnification requirements under this
Contract; and violation of State or Federal law including but not limited to disclosures
of confidential information and any penalty of any kind lawfully assessed as a result of
such violation.
Remainder of this page intentionally left blank
Department of h formation Resources Page 5 of 6 (DIR rev 05.28. 15)
Exhibit "A"
D1R Contract No. DIR-TSO-3101
Vendor Contract No.
This Contract is executed to be effective as of the date of last signature.
Canon U.S.A., Inc.
Authorized BSignature on File
Name: Junichi Yoshitake
Title: Senior Vice President and General Manager
Date: 06.118.2015
The State of Texas, acting by and through the Department of information Resources
Authorized By: Signature on File
Name: Wa e E eler for Dale Richardson
Title: „ Chief Operations Officer
Date: 06/23/2015
Office of General Counsel: D. Brown Signature on File 06/19/2015
Department of h formation Resources Page 6 of 6 (DIR rev 05r2g l5)
Exhibit "A"
- City of Round Rock
'F ROUND ROCK
A : Agenda Item Summary
Agenda Number:
Title: Consider executing a Lease Agreement with TAVCO Services, Inc. for the
lease of an OCE PlotWave 345 printer/scanner.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/18/2019
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost: $24,245.55
Indexes: General Fund; Utility Fund
Attachments: Agmt.pdf, LAF.pdf
Department: Utilities and Environmental Services
Text of Legislative File CM -2019-0022
The Utilities and Environmental Services Department and the Transportation Department are
currently using an outdated plotter/scanner for our records management system.
Over the past few months, we have researched the most up to date plotter/scanner solutions for
our departmental needs.
These two departments would like to enter into a 60 month lease with TAVCO Services, Inc. for
the use of a OcePlotWave 345 plotter/scanner. The lease cost per year is $4,848.11 for five
years. The total cost of the lease over this period will be $24,245.55 and will be shared among
both departments.
Cost: $24,245.55
Source of Funds: General Fund and Utility Fund
Citycf Round Rock Page 4 Printed on 4/47/2049