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Contract Terms and Instructions

985-L2 Photocopier Rental Renewal Only

Start Date: 05/2009

End Date: 08/2013

Special note: Any lease issued prior to November 30, 2013, for which the performance term runs beyond, shall remain valid for the entire term of the lease and the terms and conditions of this contract continue to apply to such a lease even after the expiration of this contract.

NOTICE: All purchase orders must be entered through the TxSmartBuy on-line ordering system.

Section 1 - CONTRACT INFORMATION

HARD DRIVE DATA SECURITY– If your agency or co-op requires the destruction or erasure of the copier’s hard drive to maintain security, please contact the contract point of contact as listed. Pricing and other information as follows:

Canon –
Product Data Security (PDF)

Xerox –
Product Data Security Part 1 (PDF)
Product Data Security Part 2 (PDF)

HARD DRIVE DATA SECURITY CONTACT

For more information on the hard drive security option or to schedule service, please contact:
Canon Michael Wright - 972-409-7927 tel. 817-291-4044 cell
Xerox Mike Masters 512-794-3416

  1. DESCRIPTION OF CONTRACT: 985-L2 - RENTAL RENEWAL ONLY FOR DIGITAL DUPLICATING EQUIPMENT. MAINTENANCE AND SERVICE - INCLUDES ALL CONSUMABLES (TONER, STAPLES, ETC.) EXCEPT PAPER

  2. TERM OF THE CONTRACT: April 9, 2009 through August 31, 2009
    Renewal Term: September 1, 2009 through August 31, 2010
    Renewal Term: September 1, 2010 through August 31, 2011

    Renewal Term: September 1, 2011 through August 31, 2012
    Renewal Term: September 1, 2012 through August 31, 2013

    This contract has been extended as follows:
    LEASES: April 9, 2009 through November 30, 2013
    RENTAL RENEWAL ONLY: September 1, 2013 through August 31, 2015

  3. CONTRACT MANAGEMENT:

    Questions concerning terms and conditions may be directed to the TPASS Contract Management Office at: tpass_cmo@cpa.state.tx.us

  4. SPOT PURCHASE OPTION: NONE
  5. CORE items are listed on this contract utilizing the 11 digit commodity number.

    CORE ITEM ORDERING PROCEDURES: Orders must be placed through TxSmartBuy. (All orders for Xerox must use the punch out site.)

  6. ADD QUOTE ITEMS Quote items with associated pricing is provided through this contract and are provided on each Contractor's Listing.

    XEROX CATALOG (XLS)

    CANON CATALOG (XLS)

    Customers should consider consulting the Xerox and Canon sales representatives to determine individual requirements. Contact information can be located at the end of this contract.

    QUOTE ITEM ORDERING PROCEDURES:
    Orders for quote items must be placed through TxSmartBuy by utilizing the "Add Quote" function. Refer to the On-line TxSmartBuy System User Guides - Purchaser Guide available at the following link:

    TxSmartBuy System User System Guides

  7. LEASE CANCELLATION/TERMINATION:

    Customers may cancel any part of the lease for cause under any one of the following circumstances and must provide the Contractor with a written notice 60 days in advance:

    1. The Contractor fails to make delivery of equipment or services as specified in the Contract.
    2. The Contractor fails to perform any of the provisions of the Contract.
    3. Equipment fails to perform as represented by the Contractor.
    4. The loss of continued appropriation of funds. If funding is not appropriated for any payments under the Contract, the Customer shall notify the Contractor in writing and the payment obligations under the Contract shall terminate and the equipment returned to the Contractor as of the date that the funding expires. The Contractor shall remove the equipment at no additional charge.

    If cancellation should occur under this section, the Contractor shall refund in full any unused portion of the prepaid lease payment beginning on the effective date of the cancellation.

  8. LEASE EXPIRATION:
    1. Leases shall terminate upon completion of the specified lease term and be defined by the Customer's written statement of acceptance date.
    2. Upon the conclusion of the 36, 48, or 60, month lease, the Customer must take action to have the equipment removed by providing the Contractor a 30 day written notice prior to the end of the lease period.

  9. RENTAL RENEWAL ONLY:

    Rentals may consist renewal orders of units initially installed under this contract.

    Terms apply only to equipment acquired under the Rental price schedule.

  10. RENTAL TERMINATION/CANCELLATION:

    The rental agreement can be cancelled, without penalty, with 30 days written notice.

    Rental periods cannot exceed the term of the current contract period. The maximum rental period is 12 months.

    Any part of the rental may be cancelled for cause under any of the following circumstances:

    1. The Contractor fails to make delivery of goods or services as specified in this Contract.
    2. The Contractor fails to perform any of the provisions of this Contract
    3. Equipment fails to perform as represented by the Contractor.
    4. The loss of continued appropriation of funds. If funding is not appropriated for any payments under the Contract, the Customer shall notify the Contractor in writing and the payment obligations under the Contract shall terminate and the equipment returned to the Contractor as of the date that the funding expires. The Contractor shall remove the equipment at no additional charge.

    If cancellation should occur, the Contractor shall refund, in full, any unused portion of the prepaid Rental payment.

    The CPA encourages customers not to misuse and/or abuse the 30 day cancellation. The CPA will make the sole determination of misuse and/or abuse.

    The customer will provide the Contractor a 30 day written notice that the equipment will not be renewed.

  11. EQUIPMENT REMOVAL:

    After notification by Customer of cancellation, it is the Contractor's sole responsibility to properly prepare the equipment for removal and shipment from the Customer's location in accordance with the contract.

    The final removal shall be coordinated with the Customer and completed within the 30 or 60 day cancellation period.

  12. ENVIRONMENTALL SENSITIVE PRODUCTS:

    All copiers are ENERGY STAR compliant and UL Certified.

SECTION 2 - FINANCIAL MATTERS

  1. PURCHASE ORDERS, INVOICES AND ACCEPTANCE:

    Only purchase orders issued through TxSmartBuy are eligible for Contract pricing.

  2. INVOICES:

    The Contractor shall mail, fax or e-mail invoices to the Customer upon mutual agreement.

    Invoices shall contain the following information:

    • Purchase order number
    • Model and serial number
    • "From and to" billing period
    • Meter reading for the referenced billing period
  3. PAYMENT:

    Payment for leased or rental equipment will be processed upon the satisfactory completion of delivery, installation, training and acceptance.

    Customers shall make payments to the Contractor in accordance with the laws and rules applicable to the Customer.

    CANON REMIT-TO ADDRESS

    Customers will make payments to Canon at the following:

    PAYEE INFORMATION
    C/O CANON FINANCIAL SERVICES
    14904 COLLECTIONS CENTER DR
    CHICAGO IL 60693

Section 3 - SERVICE REQUIREMENTS:

  1. CONTRACTOR RESPONSIBLITIES:

    Contractors shall provide both remedial and preventive maintenance/service for all units offered under the Contract. The cost of this maintenance/service is included in the quoted monthly maintenance prices.

    At a minimum, such service is to include the following:

    1. On-call remedial service, including replacement of all unserviceable parts.
    2. Preventive service based upon the manufacturer's recommended schedule and the manufacturers specific preventive service requirements for the individual unit, including lubrication, necessary equipment adjustments and replacement of all unserviceable parts.
    3. Repair or replacement of all broken or defective parts not caused by accident, neglect, misuse, or abuse and all necessary machine adjustments occasioned by such defective or broken parts. The Contractor must promptly repair or replace on a one for one basis without additional cost to the Customer. The Contractor is responsible for pick up and/or delivery of units that require off-site service. In addition, if the required service can not be completed within 48 hours, the Contractor is required to loan the Customer a comparable unit upon request, at no cost to the Customer. The Customer may request down time credit for the period the equipment is inoperable.
    4. Service response for on-site service repair calls shall not exceed four (4) hours in urban areas and eight (8) hours in rural or remote areas. Service is to be performed during normal working hours, 8:00 A.M. to 5:00 P.M., Monday through Friday. Fully trained and qualified technicians shall perform all service and shall be prepared to initiate repairs within the required response time.
    5. All parts are included in the Contractor's service coverage. These items are parts and not considered consumable supplies.

      These include but are not limited to:

      1. Drums
      2. Photoreceptors
      3. Master Units
      4. Wiper Blades
      5. Lamps
      6. Rollers
      7. Webs
      8. Etc.

    The contractor must have on hand an adequate supply of repair parts, which enables the Contractor to fulfill service requirements as required and be carried in stock within the state of Texas.

  2. RISK OF LOSS OR DAMAGE:

    The risk of loss or damage remains with the Contractor. The Customer shall be relieved from risks of loss or damage to all equipment leased or rented during the period of transportation, installation, and during the entire term the equipment is in the possession of the customer, except when loss or damage is due to fault or negligence of the Customer. The CPA will make the sole determination if exception is granted.

  3. MISCELLANEOUS REQUIREMENTS:
    1. Manuals containing operating and service instructions for the equipment shall be delivered with each unit. The manual(s) should be as detailed as possible outlining all operating instructions for each unit delivered. Necessary warnings and safety precautions shall also be included.
    2. Engineering Change: When a manufacturer of the equipment on Contract releases engineering changes at no cost to the general trade that improves the performance of the equipment bid, and while the equipment is still under lease or rental, the Contractor must make the improvements to the equipment unless the Customer declines the improvements. Contractor must maintain and install equipment to include all released engineering changes at a current level at no increase in cost to the state. All safety enhancements must be installed per manufacturer's specifications without option.
    3. Substitution of Equipment: Alterations in product manufacturing fabrication or delivery of substitute models requires written approval of CPA. Proposed substitute equipment must meet or exceed specifications/requirements.

Section 4 - EQUIPMENT REQUIREMENTS AND CATEGORIES

  1. EQUIPMENT PERFORMANCE AND STANDARD BASIC REQUIREMENTS:

    All photocopiers shall meet the following basic requirements as well as any applicable requirements stated in the Color Copier categories.

    1. Initial machine warm up time: 10 minutes or less.
    2. Maximum first copy speed: 10 seconds or less
    3. Units are designed, engineered and marketed as capable of routinely producing photocopies throughout the applicable volume range.
    4. Units are equipped with the standard number of paper trays and other accessories as normally supplied in the industry as well as any additional supplemental equipment, or accessories as required in order for the unit to meet the technical and functional requirements.
    5. All equipment is Energy Star Compliant.
    6. All equipment in all categories include reduction and enlargement.
    7. Duplexing is to occur without operator interventions.
    8. Finisher is capable of finishing unlimited sets up to the dialing capacity of the quantity selector - without reprogramming or reinitiating the task. Excludes adding paper and removing finished sets.
    9. All equipment including sorter/stapler finisher have the capability to staple 30 to 50 sheets for listed ranges.
    10. All digital equipment, when using an automatic document feeder (ADF), maintains a minimum of 90% rated speed of the equipment. This refers to the scan once, print many technology.
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