CM-12-04-071Item Caption:
C4tIz.o'4 -o9-J
RECEIVED
APR 192012
City Manager Approval Form
Consider executing an Agreement to Provide FAX24 Public Fax Service to the Library with TELEVEND
Services, Inc.
Approval Date: 4/20/12
Department Name: Library Department
Project Manager: Geeta Halley
Assigned Attorney:
None (Ric Bowden's Approval)
Item Summary:
Self -serve fax machine for the public use. Fax service is one of the most highly requested service that the library currently does
not provide.
Benefits:
Customer pays using their credit cards
No cost to the library, all equipment is owned by TELEVEND and service includes repairs and supplies
Minimal staff involvement required
No long distance charges
No. of Originals Submitted: 2
Project Name: Public Fax Service Agreement
Cost: There is no cost to us. All long distance charges are billed directly to the company.
Source of Funds: Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney by 5. Carter
Date: 04/18/12
Department Director Approval: Michelle Cervantes Date: 4/11/12
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP❑ Budget n n Purchasing 111 ❑� Accounting a
N/A OK N/A OK N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
TELEVEND SERVICES, INC.
Interactive Voice & Fax Solutions
10 Lonetown Road, # 1171 Redding, CT 06875-1171
Tel :1-877-329-8363 Fax: 1-888-329-8726
AGREEMENT TO PROVIDE FaX24 PUBLIC FAX SERVICE
This agreement made this.c.- day of ..' ►fi' 't 20.1.2- by and between
Televend Services, Inc., herein called "The Company" and (location)
Site Name: City of Round Rock Public Library
Address: 216 East Main Street
City: Round Rock
State: TX Zip Code: 78664 Contact: Geeta Halley
Telephone: 1-512-218-7018 Fax: 1-512-218-7061
Email: phallevAroundrocktexas.gov
Here in called the "Customer".
The "Customer" desires to have the "Company" provide a FAX24TM. Public Fax Kiosk
in or on the property of its premises.
The "Company" is in the business of manufacturing, maintaining and servicing the
FAX24TMm Kiosk.
The "Company" and "Customer" agree as follows:
1. The "Customer" hereby grants to the "Company", and its assignees or agents,
the exclusive right to operate the FAX24TM, Kiosk in or on the property of the
"Customers" place of business located at the above address.
2. In consideration of the "Customer" granting this agreement, the "Company"
and or its agents or assignees shall pay to the "Customer" a commission from
fax revenues generated by the "Company's" FAX24TMm Kiosk installed in or on
the "Customers" property.
Payments are calculated using the following commission schedule:
CM -12.-01-1 -off- l
Gross Monthly Fax Revenue % Commission
$ 0 to 50 0
$ 51 to 100 5%
$ 101 and up 20%
The "Company", its agents or assignees agree to furnish the "Customer" with
monthly statements detailing fax activity and gross income along with any
commissions due on the following quarterly schedule:
Quarterly Fax Activity Commission Payment Date
January, February, March
April, May, June
July, August, September
October, November, December
May 15th
August 15th
November 15th
February 15th
The commission payment schedule shall not be changed without the mutual
agreement of both the "Customer" and the "Company".
3. The term of this agreement shall be for a six (6) month trial commencing as of
the date of installation and shall automatically be extended for one year on the
same terms and conditions contained herein unless either party shall terminate
this agreement by giving the other party written notice of such termination at
least (30) days prior to the expiration date. At the end of the term of this
agreement, unless stated otherwise, this agreement will renew automatically
under the same terms and conditions contained herein.
4. The "Customer" agrees that during the term of this agreement, the "Customer"
will not grant the right or license to any other entity to operate or install any
competing public fax service on or in the premises or property for such
operation. The "Customer" will supply the phone line (either shared or
dedicated), phone jack and an electrical outlet to render the fax operational.
The "Customer" agrees to promptly notify the "Company" of any known
malfunctions, vandalism or loss of service. The "Customer" agrees to give the
Fax24 Public Fax Machine an occasional simple surface dusting or wipe to
maintain a clean appearance. The "Customer" will not take any action which
prevents or adversely affects the use of the "Company" public fax service.
5. The "Company" and its agents or assignees agree that as of this date it will
order and be responsible for the payment of the FAX24mI public fax kiosk
designated to the above address. The "Company" agrees to pay all long
distance calls that originated from the FAX24TBA and carried over the
"Company" toll-free network. Each FAX24TM, provided by the "Company" is
equipped with a "Toll Restrictor/Dialer" that prevents any unauthorized, direct -
dial toll calls to be made from the fax machine. When the handset is lifted, the
dialer will dial directly over the "Company" toll-free network into our interactive
voice & fax processor that will guide the user through his or her entire fax
transaction. The "Company" will replace any faulty equipment at no charge to
the "Customer". Such downtime or replacement will not constitute a breach or
cause this agreement to be cancelled by either party. All equipment provided
by the "Company" is the sole property of the "Company", its agents or
assignees.
6. This agreement constitutes the entire agreement between the two parties and
its binding to the benefit to the parties herein is assignable and shall survive
any sale, assignment or other transfer of ownership. The "Customer"
acknowledges that he has thoroughly read and understands this agreement
and all its terms, and has received copy. No additions or modifications or
verbal promises shall be binding to either party unless in writing and signed by
both parties. The "Customer" represents and warrants that the business
premises or property named in this agreement is owned leased and controlled
by it and is authorized to enter into this agreement.
Accepted
CUSTOMER
Accepted
TELEVEND SERVICES, INC.
P2Ablir_vi
TITLE
n142,L
DATE
DATE