CM-2021-216 - 8/6/2021CITY OF ROUND ROCK AGREEMENT
FOR LEASE OF SHIPPING AND MAILING EQUIPMENT
FROM
PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
This Agreement and the Pitney Bowes State and Local Fair Market Value Lease Terms
are for the lease and rental of shipping and mailing equipment for City of Round Rock, and for
related goods and services, and are fe red to herein as the "Agre ent." T is Agreement is
made and entered into on this the � day of the month of 2021, by and
between the CITY OF ROUND ROCK, TEXAS, a home -rule munici lity whose offices are
located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and
PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC, whose offices are located at 27
Waterview Drive, Shelton, Connecticut 06484, referred to herein as the "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 and rent shipping and mailing equipment for three (3)
locations in the City, and City desires to obtain same from Vendor; and
WHEREAS, City is a member of the Buy Board Cooperative Purchasing Program ("Buy
Board") and Vendor is an approved Buy Board vendor through Buy Board Contract #576-18;
and
WHEREAS, City desires to lease and rent certain goods and services from Vendor
through Buy Board 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:
00475880 ss2
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1.0 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to lease and/or rent specified services and Vendor is obligated to provide said
services. The Agreement includes Vendor's Proposal (attached as Exhibit "A").
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. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Services mean work performed to meet a demand or effort by Vendor to comply
with promised delivery dates, specifications, and technical assistance specified.
2.0 EFFECTIVE DATE; TERM
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.
B. The term of this Agreement is for three (3) years from the effective date hereof.
C. City reserves the right to review the relationship with Vendor at any time.
3.0 CONTRACT DOCUMENTS AND EXHIBITS
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the Contract Documents. Any
inconsistencies or conflicts in the contract documents shall be resolved by giving preference to
the Pitney Bowes State and Local Fair Market Value Lease Terms.
4.0 ITEMS AWARDED
All items described in Exhibit "A" are awarded to Vendor.
10
5.0 COSTS
In consideration for the deliverables, the City agrees to pay the Vendor fees not -to -exceed
Forty -Five Thousand Ninety -Three Dollars and 96/100 Dollars ($45,093.96) for the term of
this Agreement.
6.0 INVOICES
All invoices shall include, at a minimum, the name and address of Vendor.
7.0 DELIVERY OF EQUIPMENT
Vendor shall timely deliver, at Vendor's own expense and risk, the Equipment to its
designated location(s) within the City of Round Rock, Texas.
8.0 USE OF EQUIPMENT
City shall use the Equipment in a commercially reasonable manner, and shall comply
with all manufacturer's requirements furnished to City by Vendor andior manufacturer(s)
regarding the Equipment, and City shall comply with any applicable law (whether local, state or
federal) regarding use of the Equipment including but not limited to environmental and copyright
law.
City shall use the Equipment for the purpose for which said Equipment was designed,
and not for any other purpose.
9.0 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Adam Gagnon
Purchaser
221 East Main Street
Round Rock, TX 78664
10.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
11.0 INDEMNIFICATION
Vendor shall defend, indemnify, and hold City, its successors, assigns, officers,
employees and elected officials harmless from and against all suits, actions, legal proceedings,
claims, demands, damages, costs, expenses, reasonable attorney's fees, and any and all other
costs or fees arising out of, or resulting from the fault of Vendor, or Vendor's agents, employees
or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter
how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of
City or Vendor (including, but not limited to the right to seek contribution) against any third
party who may be liable for an indemnified claim.
12.0 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 and services unless the contact contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel and during the terms of this contract. The signatory executing this Agreement on behalf of
Vendor verifies Vendor does not boycott Israel and will not boycott Israel during the term of this
Agreement.
13.0 NOTICES
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 the 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:
Pitney Bowes Inc.
3001 Summer Street
Stamford, CT 06926
Attn: EVP, Chief Legal Officer and Corporate Secretary
With a copy to:
Pitney Bowes Global Financial Services LLC
27 Waterview Drive
Shelton CT 06484
Attn: Director -Lease Marketing
Notice to City:
Laurie Hadley, City Manager Stephan L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
14.0 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.
15.0 EXCLUSIVE AGREEMENT
This Agreement, 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, duly authorized by action of the City Manager or City Council.
16.0 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.
17.0 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
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.
18.0 MISCELLANEOUS PROVISIONS
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.
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.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
Printed am 7 I-XLAAYt
TifdrT� _
Date Signed:
Attest:
By: LAD-
SarPL. White, City Cleric
For City, Approved as to Form:
By
S+e , City Attorney
Pitney Bowes Global Financial Services
LLC
By. 'J. neK.'
Printed Name: Roger Donohue
Title: Operations Manager
Date Signed: July 19, 2021
Exhibit "A"
pitneybowes 10
State and local Fair Market Value Lease Agreement Numoet
Full Legal Name of Lessee ! DBA Name of Lessee Tax ID 9 (FEINlTIN)
CITY OF ROUND ROCK 746017485
Sold -To: Address
221 E Man St Round Rock. TX. 78664.5299. US
Sold -To: Contact Name Sold -To: Contact Phone # Sold -To: Account #
Adam Gagnon 'St2.218.540(i 0013104371
Bill -To: Address
221 E Main St, Round Rock. TX, 78664-5299. US
Bill -To: Contact Name Bill -To: Contact Phone 8
Adam Gagnon 612-218-5400
Mult -Location
Ship -To: Contact Name Ship -To: Contact Phone 0
PO 0
Your Business Needs
Qty Item Business Solution Description
1 SENDPROCSERIES4 Ship to ROUND ROCK, TX
SendPro C Series - Version 4
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Bill -TO: Account X
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Bill -To: Email
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1 +MP00098
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Exhibit "A"
Kit -Backlit Scale Mounted Graphical Disp
C-Series 151bf7kg Upgrade
C Series Remote Display Scale
C Series Premium App Bundle
SendPro Online
SendPro Basic 1 User
Single User Access
Web Browser Integration
SendPro C Series Shipping Integration
Barcode Scanner
C200 SoftGuard
Return Kit for SendPro 300
Standard SLA-Equipment Service Agreement (for SendPro C Series - Version 4)
151bl7kg Weighing Option for MP82 Scale
Manual Weight Entry
HZ02 65 LPM Speed
SendPro C425 Base System Identifier
USPS Rates with Metered Letter
E Conf Services for Metered LTR. BDL
Ship to ROUND ROCK TX
SendPro P Series
USPS Special Services Software
151b Interfaced Weighing Feature
Connect+ISendPro P Series Meter
50 Dept Analytics
Sendpro P2000/500W GCS Identifier
SendPro P Series High Cap Label Printer
SendPro P Receiving Feature
SendPro P Shipping Feature Access
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Receiving - Standard
Ship to Round Rock- TX
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Exhibit "A"
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Standard SLA-Equipment Service Agreement (for SendPro P Series)
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Receiving - Standard
Your Payment Plan
Initial Term: 36 months Initial Payment Amount: { ) Tax Exempt Certificate Attached
Number of Months Monthly Amount Billed Quarterly at' ( ) Tax Exempt Certificate Not Required
36 $1,252.61 $ 3,757.83 { ) Purchase Powers transaction fees included
(X) Purchase Power" transaction fees extra
'Ooea not mkdil any spphca k sales. use or prep" tares which will be blred seperalety
Your Signature Below
Non -Appropriations. You warrant that you have funds available to make all payments until the end of your current tscal period. and shall use your best efforts to obta n funds to make all
payments in each subsequent fiscal period through the and of your Lease Term If your appropriation request to your legislative body, or funding authority ('Govern ng Body") for funds to
make the payments is denied you may term nate this Lease on the last day of the fiscal period for which funds have been appropriated, upon (i) submission of documentation reasonably
satisfactory to us evidencing the Governing Body's denial of an appropriation sufficient to continue this Lease for the next succeeding fiscal penod, and (a) satisfaction of all charges and
obligations under this Lease incurred through the end of the fiscal period for which funds have been appropriated including the return of the equ pment at your expense
By signing below, you agree to be bound by all the terms and conditons of your State'slEntity'slCooperative's contract including the Pitney Bowes Terms, which are available at
httoalwww.pb.c,om/states and are incorporated by reference (collectively, this "Agreement') The terms and cond bons of this Agreement will govern Ih s transaction and be binding on us
after we have completed our credit and documentation approvals process and have signed below The lease requ-res you either provide proof of insurance or participate in the
ValueMAX® equipment protection program (see Section L9 of the Pitney Bowes Terms) for an add-4ional fee if software is included in the Order- additional terms apply wh ch are available
by clicking on the hypertnk for that software located at htlo.11www.oitnevbowes.corN_ usfliceilse-terms-ot-usersoffware-and-subscr.otion-terms ao,d-cond lio--s.html. Those additional terms
are incorporated byreference
.Pj . Deer Aw .
Pitney Howes Signature
Roger Donahu,
Print Name
operations Manager
Title
July 19. 2021
Date
Sales Information
Joseph RuSeski Jr toseph ruseski@pb tom
Account Rep Name Email Address PBGFS Acceptance
U815W23 VIA Paps Ser} Y1021SUSS
0211E Pilney Bewea Inc. All dghts reserved Ses Pdney 8evns Terms for addition.! 1— and condition,
Pitney Bowes Confidential Information
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with Pitney Bowes Global Financial Services
LLC for the lease of shipping and mailing equipment.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/6/2021
Dept Director: Susan Morgan, CFO
Cost: $45,093.96
Indexes: General Fund
Attachments: Contract - Pitney Bowes
Department: Finance
Text of Legislative File CM-2021-216
This agreement with Pitney Bowes will provide the City with contract pricing for shipping and mailing
equipment under BuyBoard Cooperative Contract # 576-18 for a term of 36 months. This contract renews
the City's current vendor. Departments report a high level of satisfaction with these services and
equipment, and the cost is competitive with other vendors. Renewal is recommended. The City operates
three machines that do stamping, mailing - one at City Hall, one at McConnico and one at Police.
The City of Round Rock is a member of the BuyBoard Cooperative, and under this agreement, the City
receives contract discounts for Pitney Bowes equipment services.
Cost. $45,093.96
Source of Funds: General Fund
City of Round Rock Page 1 of 1