HomeMy WebLinkAbout2013-031 Agrmt - Associated Business Systems
- e
Portland - Salem - Eugene . Roseburg
4%Associated Seattle - Tacoma - Klamath Falls
Grants Pass - Medford - Bend - Spokane
Fanatical About Service
' rev9tl 31tt
MAINTENANCE AGREEMENT
Customer PO # ABS Customer #
1 -
City of Ashland Police Department SAME
Customer Name: Customer Name:
1155 East Main Street
Street Address: Street Address:
Ashland OR 97520
City: State: Zip: City: State: Zip:
541-482-5211 541488-5351
Phone: Fax: Phone: Fax:
Gail Rosenberg
Customer Contact: Customer Contact:
gait. rosenberg(Washland.or. us
Email Address: Email Address-
Maintenance Agreement Coverage:
For an annual, quarterly or monthly base charge plus overage charge, if any, ABS' factory trained personnel will render service on the below listed equipment during
regular business hours In accordance win the terms and conditions set form on the front and reverse side of this Agreement.
2
MODEL SERIAL NUMBER Service ID Start Meter Image Base Charge Overage Charge
Allowance (Perlmage)
Ricoh MP C2000 A1348 235,681 0 $ - $ 0.01120
Color Meter Allowance 110,745 0 $ - $ 0.08960
Comments:
Rates for the first twelve months of this agreement are as shown above. Rates for months 13-24 of this agreement will be
Black $0.025 Color $0. 10 x Base Charge and Overage Billing Cycle: Agreement Term: Consumables Coverage:
3
Ba.Bulilrg - Select Or oph.n Overage Billing in Arrears Term - Select one option Select All thet Apply
C') Quarterly Base Billing serene one option (7, 60 Months fBLACK Toner Inclusive Coverage
f: Monthly Base Billing r• Quarterly r~i 48 Months C.~ BLACKToner NON- Inclusive Coverage
C, 39 Months f` COLOR Toner Inclusive Coverage
Annual Base Billing ~ Monthly, 36 Months r~ COLOR Toner NON- Inclusive Coverage
r. Other r• Other f Other 24 months
t?. Drum Inclusive Coverage
Customer Agrees to pay an additional $19.95 per month per machine for initial Network Install and C, NON - Drum Inclusive Coverage
unlimited IT Service Labor. IT Service Labor covers on-site and phone support for the equipment covered
under this Agreement. IT Service Labor and Network Installs are conducted In accordance Win the
Terms and Conditions set form in this Agreement and stated herein and on the reverse side hereof. Agreement Start Date
Customer agrees to pay $39.95 per month for Customer agrees to pay for automated meter
QRemoleTm automatic meter collection services. Up weclon services per device. $0.99 per device November 1, 2012
to 100 device meters collected at no additional fee. will be charged per Willing cycle. Agreed total mu^nrayrr..-
number of device meters to be
collected: A reetl total fee: '
4 This Maintenance Agreement is non-refundable, non-frdnsfereb/e and non-cancelable.
This Agreement shall not be effective unless signed by customer
and Associated Business System's Contract Management Customer Acceptance:
Kenne Horton Medford
ABS Sales Representative Branch Signature ~e Date
/er~y T~O~c~erness
Accepted By ABS Contract Management Date Printed....
I na.: aae .^d ^ewa^e eur ebllrk. u^ ma umn and mnmwm mua he. em on me
oNer Pmeemerna
Phone 50}244-08001800-581-4807 Fax 503-244-10151877-505-0280 mae ode h.mwp n ue onN a,,, n.muuq m Ne eaulpment hereunder. N.
www.associatetlbusiness.com anpNu^ICe.WeuN nabd on V4. M1n d Ne A9mmenl of In aNxconPaN eryamed.
r.~nvn
ed as to form to form
MAINTENANCE TERMS AND CONDITIONS ,
1. Maintenance Service. Associated Business Sydems('AW) agrees to provide to Customer during ASS's normal business hours, the maintenance service necessary to keep the Equipment
in, or restore me
Equipment to, good working Omer In accordance with AM'S policies then in affect. This maintenance service Includes maintenance based upon the spedRC needs of Individual Equipment
as determined by AM, and
unuhedukd, an-call remedial maintenance. For each unscheduled service call requested by the Customer, ABS shall have a reasonable Ume wfthln whkh to respond. Maintenance will
Include lubrication,
adjustments, and replacement of maintenance parts deemed necessary by ARM. Maintenance Farts will be Pomished an an exchange bauls, and the replaced parts become the pmpertyolABS.
Maintenance SeMce
provided under this Agreement does not assure Umntermptedoperstion of the Equipment. If available, maintenance envies requested and parformed outsWe AM's normal business hours
will be charged to the
Customer at AM'S applicable time and material rates and terms then In effect, unless ASS and Curtomerhave a written agreement pnVWIng for after-hours maintenance service. ThIs
Agreememrdoes not main
chargesfar Installation of equipment or de.lnstallztion of equipment If H IS moved. For arrows of these Maintenance Terms and Conditions, Equipment Milder any software and documentation
descnbed an the
Omer Farm and/or IncomonOW or integrated in the Equipment
2 ExrladOM TO MSIMONnce Service. Maintenance service p-End by AM Under Mb Agreement does not include: (a) Repair or damage or increase In service [Lne mused by failure of Ondomerto
provide
continually a suitable installation enNmnment with all facilities preacnbed by AM, including but not limited to, the failure to provide, or the failure of, adequate ekctrlol Poweq
ab-condIDoning, or hu andayanlml;
' (b) Repair of damage or Incas. In senate 'law caused by. accident disaster, wwhich shall Include but not to be limited to Raw, flood, water,wind, and llyhtnkC and earthquake;
neglect; power transients; abuse or
se; failure ofthe Customer to follow ASS's publbhed operating instructions; and unauthorized made tons or repair of Equipment by persons other than authorized representatives ofAB$(c)
Repair of
damage or increase In Serves time caused by use cities Equipment for Purposes other than those for whkh designed; (d) Replacement of parts which are consumed in normal Equipment
operation, unless specificalN
Included; (e) Furnishing supplies or accessories, painting or rafinishing the Equipment or fumdung the material therefore, Inspecting attend Equipment, performing SeMme connected
with relocation of Equipment
or adding or removing accesmtlet attachments or other devices; (1) Repair of damage, replacement of parts (due to otherlEan normal wort or repetithrc seMce calls caused by use
of incompatible supplies; (g)
Complete unit replacement or refurdShmerl of the Equipment, (h) Electrical work external to the Equipment or maintenance of accessories, attachments, or other deuces not furnished
by ADS, U Increase in Senate
vine caused by Customer denial of SIR and free access to the Equipment or denial of departure from Customer's Site. The foregoing excluded Items, If performed by ABS, All be changed
to Customer at ABS's
applicable time and material rates then In effect.
3. Invoidng. Charges for maintenance Service hereunder will consist of a Basic Maintenance Charge, any applicable zone change, and, If applicable, Meter Changes as stated below
In this Agreement. In addition,
Customer shall be responsible for Paying all shipping and handling changes for train, even dthis Agreement Is a toner inclusive contract as set forth on the ASS Omer Form, In
accordance with the terms stated on the
Invoice. The Basic Maintenance Change prey be Implied In advance. The Meter Change (r applicable) or other maintenance charges will be Invoiced periodically In Smears. The Basic
Maintenance and Meter Charges
for a partial month's ranks will he marled on the basis of a thirty (30) day month. Payment S required within the period stated on the invoke.
a. Engineering Changes. Engineering changes, determined applicable by ASS, will I e controlled and Installed by ASS. Engineering changes which provide additional cap ialhles to
the Equipment covered herein will be
made at Customer's request at AM'S applicable time and material rates and terms then In effect.
5. Indemnificatlon. Except as otherwise provided In Section 5 of the General Terms and Conditions, ASS agrees to Indemnify and hold Customer harmless from and agalest any loss,
cost damage, claim, expense, or
liability as a nesu it of injury or death of any person on damage to any Personal property of Customer which such Personal Injury or damage arises out of or In connection with
the soleneh rz of ASS or its
employees In the Performance of this Agreement, provided ASS receives prompt Argon notice of such personal Injury or damage, and provided further that ASS shall have the s le
control of the defense of any such
action and all negotiations for Its settlement or compromise.
/ 6 Term and Termination. This maintenance agreement shall extend for a perod ofore(1)year from its commencement date and shall automatically renew for additional one (1) year period
unless notice of
k/ nonnereacal is provided by elther party within thirty (30) days of the initial or any renewal term. Notwithstanding the above, either paM may terminate a maintenance agreement
for failure ofthe other to comply
with any of Its terms and conditions In the event such noncompliance is not cured within thirty (30) days after the provision of force of such foncompllarw. Maintenance service
performed by ASS after the
termination of a maintenance agreement shall be changed to Customer at ABS's applicable time and material rates and terms then In effect. ASS may suspend Performance under any
maintenance agreement if
Customer is In default or In arrears In payments to ART under this or any other agreement In order to terminate this Agreement prior to the npintlon of the Term set forth on the
fare ofthis Agreement or any
renewal term, Customer (a) must not then be in default, (b) must give ASS 30 days prior written notice, and (c) Day to ASS, as liquidated damages and not as a penalty, an amount
equal to the lesser of 6times the
bare monthly charge or the number Of months remaining under this Agreement
7. Meter Charges if applicable, Customer also shall pay the monthly meter charges listed on the Order Form for each copy made on Equipment subject to this Agreement The initial
quarter following installation will
include the first partal month (Ilapplicable) and meter changes for Such partial month will be pwnted. Meter readings shall be provided on a quarterly, basis by Curtomerat the
m,muttrfARS.
S. Supplier. If supplies are Included in the SeMce provided under this Agreement, ASS will supply black toner, Ink and developer unless otherwise stated in this Agreement, to
Customer based Upon normal yields. If
Customer's usage ofthe supplies exceeds the normal yields for the equipment being serviced, ASS will invoim and Customer agrees to pay, for the excess supplies M ABS's current
wall prices then in effect
9. @Remote Services. ASS may, at Its discretion and dependant upon device apabgilles, provide remote meter reading and equipment monitoring Senates using by @ Remote solution.
This may allow for the
automation the meter reading and Submission process, automatically place law toner alerts, autonomically place serum rely M the event of a criminal device fidure, and to enable
Immerge upgrades. The meter count
and other information collected by @ Remote ('Data) is Sent on the Internet to remote Serves games ofwhkh may be Ranted Outside the U5. @Remote remml and don not wrest put doaunem
content or Suer
Information. AM uses reawnabl, available technology to maintain the security ofthe Data; however, YOU acknowledge that no one can guaranty security of Information maintalned on
computers and on the
Inlemet AM retains full rights to the Data (bid act your documents or information), which it or its authorized third parties may use to service your equipment. AM may also use
the Data for fts normal business
purposes Including product development and marketing research, however, the Data will not be provided to market research consultants Ina form that o namalN Weatifies you. ASS
may dispose of the Data at any
time and without nonce. The @Remotepetrology Is the confidential and proprietary Information of AM and/or Its licensors protected by copyright, trade Secret and other laws and
treaties- ASS retains Full this,
wnership and all Intellectual property nghn In and to@Remote.
10. Customer Obligation. Customer shall provide a proper place forthe Equipment in accordance wish the environmental specifications ofthe manufacturer. Customer shall provide
n6o degree' Service accessto
the Equipment subject to Customer's usual SecuMy procedures and shall use the Equipment In accordance with the instructions of the manufacturer. I
11. Use of ASS Recommended Supplles. ASS products are designed to provide optimal performance with ASS recommended supplies, Including toner, developer and (user oil. In the event
Customer uses other than
AM recommended supplies, and if such supplies are defective or not acceptable for use with the Equipment and cause abnormally frequent service calls or service problems, ASS may,
at its option assess is Surcharge
.,terminate any maintenance obligatlons. If so terminated, Customer will be offered service on a time and materials basis at ABS's then prevailing rates. It Is not a condition
that Customer use only ASS brand
supplies.
13. Data Management Services. Notwithstanding anything to the contrary set forth in this Agreement, the parties acknowledge and agree that ASS shall have no obligrtlon to remove,
delete, preserve, maintain or
otherwise safeguard any Information, Images or content retained by or resident In any Products servired and maintained by ASS, whether through a digital storage device, hard drive
or other electronic medium
("Data Management Services'). If desired, Customer may engage ASS to perform Data Management Services at then-prevailing rates. Customer acknowledges that Customer is responsible
for ensuring is own
compliance with legal requirements in connection with data retention and protection and that AM does not provide legal advice or represent that the Pmduas and Services will guarantee
compliance with such
requirements. The selection, use and design of any Data Management Services, and any decisions arising with respect to the deletion or storage of data, as well as the loss of
any data resulting therefrom, shall be the
sole and exclusive responsibility of Customer.
13. Priclry and Charges/Payment Terms. Pricing for Maintenance Services maybe adjusted by ASS on or after each one-year anniversary of the offedlve date of the Maintenance Agreement
in an amount not to
cod Ewebe percent (13%). Unless otherwise specified In any Omer Form, Payment to ASS for products shall be net thirty (30) days been date of Invoice. Customer shall pay ASS interest
on any past due payment
H the highest rate Permitted by applicable law, not toexceed 1.5%permonth.
14. Tan. Crstomershall Pay all Sales and use fazes, personal pmparty tax and all other tax and charges relating to the purchase, ownership, delivery, lease, Possession on use
ofthe Equipment or the Provision
of Maintenance Services, with the exception Of any taxes on or measured by ASS's and/or Lessor's net income.
15. Limited Wasmantles. AM warrants to Customer that Maintenance Services shall be perfumed by AM in a workmanlike manner and In accordance with Industry Standard. AM further
wenants that, at the time of
delivery and fora period of ninety (90) days thereafter the Equipment will be in goad working Omer and will he free fmm any deleas In material and wamensi shlo ABS's obligations
under this warranty are limited
Solely to the repair or replacement (at AMS oration) of parts Prawn to Us defective upon nomination. The Foregoing wamnty shall not apply (a) If the Equipment is installed, wined,
modified, afte/ed, moved or
servknd by anyone other than AM, or, (b) if the Equipment Is installed, stored and Utilized and/or malftalne l Ina manner not consistent with AM specifications or (c) if a detective
of improper non AM accessory or
supply or part y attached to or used In the Equipment, or (d) lithe Equipment is rebated to any place where ABSServicn are act avallabk. CUSTOMERACXNOWUDGESTHATTHE UMITED WARRANTYCONTAINED
HEREIN DOES NOT ASSURE UNINTERRUPTED OPERATION AND USE OF ME EQUIPMENT. THE WARRANTIES EXPRESSED HEREIN ARE EXCLUSIVE AND ADS HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES,
EXPRESSOR IMPUED, INCLUDING BUT NOT UMQEDTO ANY WARRAIN ESOF MERCHANTABILNYOR FITNESS FOR A PARTICULAR USE OR PURPOSE
/ 16. Umitatlon of Liability. NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER (OR TO ANY PERSON OR ENUIY CLAIMING THROUGH SUCH PARTY) FOR LOST PROFITS, LOSS OF REVENUE, OR FOR
SPECIAL.
✓ INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF ORIN ANY MANNER CONNECTED WITH THIS AGREEMENT OR ANY ORDER, OR THE SUBJECT MATTER HEREOF, REGARDLESS OF
THE FORM OF ACTION AND WHETHER OR NOT SUCH PARTY HAS BEEN INFORM ED OF, OR OTHERWLSE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THE AMOUNTOF ANY UABIM OF ABSTO
CUSTOMER OR ANY THIRD PARTY, MR ONE OR MORE MIMS ARISING FROM OR RELATING TO THIS AGREEMENT, SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT PAID TO AM FOR THE PROVISION OF
PRODUCTS AND THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT DURING THE ONE-YEAR PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
17. Governing Law. These General Terms and conditions and the Maintenance Terms and Conditions below shall be construed in accordance with and govemed by the subatantNe laws ORhe
State of Oregon,
without regard to its conflictsof laws principles.
18. Entire Agreement This Agreement supersedes all proposals, oral or written, and all other communications between the parties In relation to the Subject matter of the Agreement.
No other agreement or
understandingexlsts between ASS and Customer except as opressN Selforth In this acting. Customer agrees and acknowledges that It has not relied on any representation, we marty
or pmvIdoa not explicitly
contained N this Agreement, whether In writing, electronkailywm nurIcated Orin oral form and that no-side letter' or-side agreements' sold between the parties. To the extent any
such-side letters' or "side
agreements" have been entered Into, or contemplated, same are hereby deemed unenforceable, null and void and of no legal effect. These terms and conditions shall prevail, notwithstanding
any addhional or
different terms and conditions of any purchase Omer Issued by Customer in respect to the products and Services to be provided hereunder. Thb writing constitutes the final written
expression of all the terms of this
Agreement and it is a complete and exclusive statement of those hum. NO variation or modification of this Agreement, whether by Customer purchase order or otherakS, and no wavier
ofany of the Agreement's
provylonsorcondltlons shall be binding unless In wrfting and signed by duty authorized agents of ABS and Customer. Any and all representations, promises, warranties, orstatements
by ABS's agent employeeor
representative that differln anyway from the terms ofthiswtitten Agreement shall begiven no force or effect. rr )
L_Q91233_ -
r:.. '..CORDER Page 1 / 1
JW CITY OF
- A C i--i 1t A 7F i D DATE PO NUMBER' -
20 E MAIN ST. 2/11/2013 11435
ASHLAND, OR 97520
(541) 488-5300 .0)
VENDOR: 011717 SHIP TO: City of Ashland - Police Dept.
ASSOCIATED BUSINESS SYSTEMS, AMERICAN C 1155 E MAIN STREET -
7440 SW BONITA RD ASHLAND, OR 97520
PORTLAND, OR 97224
FOB Point: Req. No.:
Terms: Net Dept.: -
Req. Del. Date: Contact: Grail Rosenberq
Special Inst: . Confirming? NO
Quanti 'Unit Description Unit Price Ext. Price.
Ricoh MPC2000 - Copier Maintenance 2,500.00
New Aqreement
Start date: November 1, 2012
Term: 24 Months
SUBTOTAL 2,500.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 2,500.00
ASHLAND, OR 97520
AccountNuinber.,'~ , Project Number' Amount Account Number Project Number Amount,
E 110.06.11.00.60110 2,500.00
Autho ed Signature VENDOR COPY
TOKM #3 71 7 C I T Y OF
ASHLAND
n tr
REQUISITION Date of request: ozio6/13 _
Required date for delivery:
Vendor Name Acenniatnd R c'ness System-1
Address, City, State, Zip 7440 SW Rnnifa R Pndlan OR 97924
Contact Name & Telephone Number
Fax Number Kenna Horton 5417 . 79 899P
541.772.5566
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
® Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ® State of Oregon
❑ Direct Award Date approved by Council: Contract # 8618
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5.000 to $100,000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes attached ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5,000 to $75,000 ❑ Agency
❑ Form #g, Request for Approval Date original contract approved b Council:
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached (Date)
❑ (3) Written proposals attached Date approved by Council:
❑ Form #4, Personal Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
$2500 V
Copier Maintenance Ricoh MPC2000 January -June 2013
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
--'"TOTALCOST
❑ Per attached quote/proposal $
> x c
Project Number
Account Number 110.06.11.00.601100
Account Number Account Number
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support -Yes / No
signin this requi itio form, l ertify that the City's public contracting requirements have been satisfied.
Employee Signature Department Head Signature: fir
qual to or greater than $5,000)
City Administrator:
(Equal to or greater than $25,000)
Funds appropriated L fiscal year YES / NO
Finance Director-(Equal to orgreater than $5,000) Date
Comments:
Form #3- Requisition