HomeMy WebLinkAbout2012-041 Agrmt - Associated Business Systems 4A,Associated Portland-Salem -Eugene-Roseburg
Seattle- Tacoma-Klamath Falls
T V45TA 710 Grants Pass-Medford-Bend-Spokane
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MAINTENANCE AGREEMENT
Customer PO 0 - ASS Customer t
t
City of Ashland-Community Development
Customer Name: Customer Name:
51 Winbum Way
Street Address: - Street Address:
Ashland OR 97520
Cllr. stale: Zlp: city: Slate: Zip:
541-488-5305 541-488-6006
Phone: Facc Phone: Fau
Customer Correct: Customer Contact:
Email Address: Email Address:
matmenance Agreement Goveragel
For an annual,quartets or monthly base charge plus overage charge.If any,ABS'factory"had personnel YA0 render service on the below listed equipment during
regular business hours in accordance with the terms and cortlitlore set forth on the hone and reverse side of this Agreement.
2
MODEL SERIAL NUMBER Service ID Start Meter Image Base Charge Overage Charge
Allowance (Per Image)
Ricoh MP W3601 0 $ $ 0.07400
Color Meter Allowance $ $
Comments.,
Maintenance Agreement Is charged at$0.074 per linear foot of usage.Rate Is locked for 36 months.
Rate for months 37-48 will be$0.0814 per linear foot of usage.Rate for months 49-60 will be$0.0895 per linear foot of usage.
3
Base Charge and Overage Billing Cycle: Agreement Term: Consumables Coverage:
Base B®Np-select one option Overege Nffirg In&m. Term-select One oprw BekcY All that Appty
r Quarterly Base Billing select one option . 60 Months {" BLACK Toner nclmive Coverage
(� Monthly Base Billing r Quarterly (7 481vbnths r BLACKToner NON-Inclusive Coverage
r Annual Base Billing C• Monthly r. 39 Months r` COLOR Toner Inclusive Coverage
G 36 Months G COLOR Toner NON-Inclusive Coverage
r Other f"- Other r,Other
G Drum Inclusive Coverage
Customer Pgrees to pay an additional$19.95 per month per machine for initial NeMOrk Install and r NON-Rum 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 N accordance win the
Terms am Conditions set forth In its Agreement end stated herein and on the reverse side hereof. Agreement Start Date
❑ Customer agrees to pay$39.95 per month for I— Customer agrees to pay for automated meter .
@Remotei1"automatic meter collection services. up ce actor sarvlws per device. $0.99 per device will
to 100 device meters collected at no additional fee. The charged per Willing cycle. Agreed total number uew,royrner
of device meters to be collected:_
Agreed total fee:
4 This Maintenance Agreement is naFrefurkab/e,non-Mmsfereb/e and noncancelaWe.
This Agreement shall not be effective unless signed by customer
and Associated Business System's Contract Management. Cu§tomeif Aceep nOe,
' -y
Kenne Horton Medford _ t+l„ ilr 4--��`,j,U•?.; I C t
ABS Sales Representative Branch signs �J Date
Accepted By ABS Contact Management Date Pdnle3i
I n e need end wd=Wd ew ahlgedam liner me bm.ens crosn°mme herein end m me
Phone`s 244480018005674807 Fax Wa 24 1015/877.5050280 reverse Ydehenw,[. Ody Yreernerd perWNnpm me gipmerd hrwidr.Np amer Pysnnnb
www.associatedbusiness.com I °°�1e1I°e41°h'"O�O'mar°aw"�°°"1O"nNpmercmo-cmwmdev
.A2111
MAINTENANCE TERMS AND CONDITIONS
i
1.MalMnuneederin n Associated Scrams AM,SyAems('ABS")agrees to provide torummer,during Amainormale based hours,e smalmmance xMmnexsary to keep the Equipment in,o,retort the
duled,Equipment
h-lo.
good medial aintenanc oreac uwithduledsondes then Inested"is maintenance sSSsall have.maintenance time within the to respond Mai instance Equipmenpasdetion,addbyents,and
replacementatoll
medial maln[enana,Far eaN unzNeduletl xrvice roll requerted bylM1e Nrtomer,ASS shall have a reasonable time wBMn wM1IN to respond.Maintenance will Indude lubrication,adjustments,and
replacement of
malntenana pans deemed necessary by ASS.Maintenance parts will be furnished on an exchange bavi,and the replaced parts become the property of ABS.Maintenance rom provided under
this Agreement does not
assure uninterrupted operation of Equipment.If available,maintenance seonro requested and performed outside ASS's normal business hours will be charged to the Customer at ASS's
applicable time and material rates
and terms then In¢Hitt,unless ABS and Customer haw a written agreement providing for after hours malntenana service.This Agreement does not Cover Changes for inzUlhtlon of equipment
or de4nnallatlan of
equipment If it is moved.For Proposes Ofthou Makdomo a Terms and Nnditlons,Equipment excludes any mhware and doamentalen described on the Order Farm and/or Inwrponhd orimegrated
In the Equipment.
g.Eiduaens To Maintenance Service.Maintenance service pravltled by ABS under this Agreement does not Include:(a)Repair of damage or Increase In service time caused by failure
Of Customer o provide Continually a
suits his Installation envirenment with all fanlltles prescribed by ABS,Indudin&but not limited to,the failure to provide,or the failure of,adequate electrical power,airYOndltlonlns,or
homidny-Control;(b)Repair of
damage or Increase in CoVices time aused bt,accident;sinner,which shall include but not to be limted to fire,flood,wale,wind,and lightning:and earthquake;reflect;powertranvlents;abuse
or misuse:failure ofthe
Customer to follow ASS'S published operating Instructions;and unauthorized modifications or repair of Equlpment by persons other than authorized representatives of ABS is)Repair
of damage or Increase in servce time
used W use of the Equipment for purposes Other than thou for which designed;let Replacement of purls within rte mnvumed In normal Equipment Operation,unless sped0ally Included;(e)Fumlvhing
applies or
accessories,painting Or refinishing the Equipment or furnishing the material Chard.,Insepactin,Shared Equlpment,performing xrwas Connected with relocation of Equipment or adding
W removing aaenones,
attachments or Other doves;(0 Repair of damage,replacement of pans(due to other than normal wear)or repetitive unme ails Caused by use of incompatible supplies;(g)Complete unit
replacement or refurbishment
of the Equipment;N)Electrical work external to the Equipment Or maintenance of accessories,Attachments,or other devices not furnished by ABS;(I)Increase In service time Caused
by Customer dental of full and free
access to the Equipment or denial of departure from Customer's site.The foregoing excluded Items,If performed by ABS,wall be charged to Customer at ASS's applicable time and material
ales than In then.
3.Imoldry.Charges for malntenana peruke hereunder AM mnzkt of a Basic Maintenance Charge,any applicable mane charge,and,If applicable,Meter Charges as stated below In this Agreement.In
addition,Customer
shall be respoa ble for paying all shipping and handling Charges for t.no,even if this Agreement is a toner Indus"contract as net faith on the ABS ONa Form,in accordance wish
the terms gated on the much—The
Basic Maintenance Charge may be Invoiced in advance.no Meter Charge Bf applicahle(or other maintenance chages will be invoiced pedadially in arrears.The Mine Maintenance and MeterChagevfera
panial month's
seMce will be prorated Dn the basis of a thirty(30)day month.Payment Is required within the period stated on the Invoice.
q.Engineering Changes.Engineering changes,dnermined applicable by ABS,will be controlled and Installed by ABS.Engineering changes wblCh provide additional Capabilities to the
Equipment covered herein will be made
at CUStamer's request at ADS's applicable time and material rates and terms then in enrol, ,
S.Indemnification.Except as otherwise provided In Section 5 of the Genial Terms and Conditions,ABS agrees to Indemnify and hid Customer harmless from and against any loss,cog,damage,calm,expen
se,W liability
as a Bull of injury or death of any persom or damage to any personal property of Customer which such personal Injury Or damage arises out of or In ro season with the sole negligence
of ABS Or its em ployee in the
performance of this Agreement,provided!ASS receives prompt written notice of such personal Injury or damage,and provided further that ABS shall have the sole Control of the defense
of any curb anion And all
negotiations for BZ Settlement or compromise. '
6.Term and Temunation.Eta maintenance agreement shall extend for A period of tne(1)year from UsCo ent date and shall automatically renew for additional one(1)war period unless
entire of m ewalIs
provided by either party within thirty(30)days of Lie Initial or any removal term.NOtwithstandmg the above,either party may lermbnle a maintenance agreement for failure of the
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 notice of wrh noncompliance.Maintenance service performed by ABS after
the termination of A maintenance
agreement shall be Charged to Customer at ABS'S applicable time and material rates and terms than In effect.ABS may suspend performance under any maintenance agreement if Customer
is in default or In arrears In
payments to ABS Under this or any Other agreement,In order to terminate this Agreement prior to the expiration of the Term set form On the face of lhiv Agreement or any renewal
xrm,Ccomnr(a)must nottmn be in
default,Us)must give ABS 3D days prior written notla,and(C)pay to ABS,as 4quidated damages and not as a penalty,an amount equal to the lesser of6 times the base monthly Charge
ofthe number of months remaining
under this Agreement
7.Meter Charges.if appOmble.Custom r also than pay the monthly meter Naages listed on the Order Form for each Copy made on Equipment subject m his Agreement The initial quartet
following Installation MII include
the find partial month pt applicable)and meter Charges for such partial month will be Merged.Meter readings shall be pane ded on A quarterly basis by Customer at the request of
ABS.
B.Supplies lfcupplies Are Included In the uMCe provided under this Agreement,ABS wil supply blacktomr,Ink and developer,unless otherwise gated In this Agreement,to Customer based
upon normal yields.If
Customer's uage of the supplies exceeds the normal yields for the equipment being uMced,ABS will invoke and Costomer agrees to pay,for the excess supplies at ASS's Current retail
prim then in affect.
9.Vaccine SeMCes.ABS mat,at its disunaen and defendant upon device Capabilities,provide remote meter reading and equipment monitoring se using Its @Remote colanion.This may
allow forlhe automation
the meter reading and submission process,automatically place low toner alerts,a uminglalf,place seMce Calls In the event of a aitial device failure and In enable firmware upgrades.The
miter count and other
Information roVened by @ Remote('Data)Is sent on the Internet to remote servers some of which may be located outside the U.S.@Remote Cannot and does net called your document Content
or user Information.ABS
uses reasonably available technology t0 maintain the security of the Data;however,you acknowledge that no one Can guaranty security of Information maintained on computers and
on the Internet.ABS retains full rights
to th Data(but not your documents or information),which it or its amhedxed third parties may use to serves your equipment ABS may aim use the Data for Its normal business purposes
Including product development
and matketing monarch,however,the Data will not be Ingded m market Mongrels co oulum s in a form that personally Identifies ova.ADS may dispose of the Data At anytime and without
notice.The @Remote
technology Is the Confidential and proprietary information of ABS and/or its licensors protected by copyright,trade secret and other laws and treaties.ASS rdalns full title,ownership
and all intellectual property rights in
and to @Rousso.
30.Customer Obligations.Customer shall provide a proper place for the Equipment in accordance with the environmental specifications of the manufacturer.Customer shall provide'360
degree'xrvice access to the
Equipment subject to Customer's ustal security procedures and shall use the Equipment In accordance with the Instructions of the manufacturer.
11.Use CABS Rem ended SUpplut ABS products are designed to provide optimal performance wBM1 ABS rempormandind suppling Including tone,developer and fuser 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 muse abnormally frequent nMU arts or xrvice problems,ABS may,At Is option
assess A surcharge or
terminate any malntenana obligations.ffso terminated,Customer will be offered service on a time and materials basis at ABS's then prevailing rates.It is not a mndhion that Customer
use only ABS brand supplies.
la.Date Misagement Swaleen Natwlih l—ding anything tothe contrary set forth In this Agreement,the parties acknowledge and agree that ABS shall have no obligation to remove,delete,preserve,mal
ntain or
otherwise ufifiard any Information,Images or Content retained by Or resident in any Products serviced and maintained by ABS,whether through a digital storage device,hard drive
or other elemonle medium('Data
Management SeMar).It seared,Customer may engage ABS to perform Mu Management Services at then-preailing rates.Nnomer acknowledges that Customer is responLble for ensuring Its
own compliance with
legal requirements in Connection with data retention and protection and that ASS does not provide legal advise Or represent that the Products and SeMaswill guarantee Compliance
with much requirement The selection,
use and design Of any Data Management Servces,and any decisions arlsingwiN reopen to the deletion or storage Of data,as well as the loss of any data remhingtherefrom,shall be
the sole and exclusive reuponsibibty of
Customer.
13.Pricing and Charges/Pgment Terms.Prking for Maintenance Strikes maybe adjusted by A05 on or after each Oneyear anniversary of the effective date of the Maintenance Agreement
In an amount not to exceed
twelve pererd(la%).Unless otherwise speCHled In any Order Form,payment to ABS for products shall be net thirty(301 days from date of Imogn,Customer shall pay ABS interest on any
part due payment at the highest
rate permitted byappliable 6w,not to acted 13%per month.
14.Taxes.Customer shall pay all sales and use taxes,personal propenytaxez and all other taxes,and charges relating io the purchase,ownership,delivery,leave,possession or use of
the Equipment or the proviaon of
Maintenance Services,with the exception of any taxes on or measured by Antic and/or Less is net Income.
15.Limited Waromles.A05 warrants to Customer that Maintenance SeM¢s shall he performed by ABS in a workmanlike manner and In accordance with Industry standards.ABS further warrants
that,at the time Of
deli ,Add for A period of ninety(90)day UmYwftef the Equipment will be in good wading order and will be free from anydefeb,In material and workmanship.ARE'S obligators under this
vraromty are limited solely to
the repair or replacement(at ADES option)of pans proven to be defenhe upon inspection.The foregoing warranty shall not apply(a)If the Equipment is Installed,wlfed,modified,altered,moved
or servced by anyone
other than ASS,o,(b)If the Equipment Is installed,gored and utllixed and/or maintained Ina manner not consistent with ABS spectOcatlons or(c)if defective or improper non ASS accessory
or supply or part is attached
to or used In the Equipment,or(d)if the Equipment is reloand to anyplace where ABS services art not available.CUSTOMER ACKNOWLEDGES THAT THE LIMITED WARRANTY CONTAINED HEREIN
DOES NOT ASSURE
UNINTERRUPTED OPERATION AND USE OF THE EQUIPMENT.THE WARRANTIES EXPRESSED HEREIN ARE EXCLUSIVE AND ABS HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING
BUT
NOT UMREDTO ANY WARRANTIES OF MERCHANTABILITY OR FE NESS FOR A PARTICULAR USE OR PURPOSE
16,Umlladdn C Uabllity.NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER(OR TO ANY PERSON OR ENET'CLAIMING THROUGH SUCH FARM FOR LOST PROEM.LOSS OF REVENUE,OR FOR SPECIAL INCIDENTAL,
INDIRECT,CONSEOUENTIALOR IXEMPIARY DAMAGES ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THIS AGREEMENTOR ANY ORDER,OR THE SUBJECT MATTER HEREOF,REGARDLESS OFTHE FORM OF ACTION
AND WHETHER OR NOT SUCH PARTY HAS BEEN INFORMED OF,OR OTHERWISE MIGHT HAVE ANTICIPATED,THE POSSIBILITY OF SUCH DAMAGES.THE AMOUNT OF ANY UABILINOF ABS TO CUSTOMER OR ANY THIRD
PARTY,FOR ONE OR MORE CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT,SHALL NOT EXCEED,IN THE AGGREGATE,THE AMOUNT PAID TO ABS 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
L7.Owemlng low.These General Terms and Caxfhlns and the Males enante Tams and Conditions below shall be ccnstmed In acordance wiN and groomed by the subganti a laws C the Slate
of Oregon,without
regard In Its Conflicts of laws printlplev.
AS
091211
RECEIVED
JAN 18.2012
RICOHAssociated Business Systems
r °
�f,� t � • r r • "^
RICOH PROPOSED SOLUTION
• REVISED
IASHLAN
This proposal
supercedes the
proposal
Community Development submitted on
y p Nov. 21, 2011
and Engineering Services .
Proposal prepared for April Lucas,
Kenne Horton 541.941.1296 Global 100
kenne_horton @absricoh.com Most Sustainable Corporations
in the World r:rcorl
office: 1912 United Way, Medford 97504 Ricoh was recently named to the Global 100
541.772.8222 fax 541.772.5566 for thesi#hconsecutive year.
R 1 CO H 14 Assoc abed
r
!'rnibrku!AGaur Serricu
A HIC011 COMPANY
ABS Performance Guarantees
Pre call and Post call:
• An ABS technician will respond to service calls by phone within 1 hour
after receipt of call. In addition, ABS will follow up with a post service
call to confirm user satisfaction.
Guaranteed Response Time:
• We guarantee an on site four(4) hour average response time on
copiers purchased from Associated Business Systems.or ABS will pay
one month's maintenance bill.
Guaranteed Uptime Performance:
• The new system provided by ABS will be operational with a quarterly
uptime of 95% or we will provide a loaner system within 24 hours of
request.
Performance Commitment:
• We guarantee your equipment to perform to manufacturer
specifications for a period of five (5) years or we will replace it with a
product of equal or greater value at no charge. .
Guaranteed Service Loaner:
• If ABS is unable to fix a problem or if a customer is unhappy with the
performance of a machine, ABS will pick up the machine, bring it into
• the shop for evaluation and provide a loaner at no charge.
Upgrade Guarantee:
• ,ABS acknowledges that business needs may change and the need to
upgrade equipment in the middle of a lease could occur. To meet our
customer requirements, ABS does provide the ability to upgrade or
downgrade equipment in the middle of a lease term.
R 1 CO H Ass�cia#ed
_ f uualkuf Abuuf Sondes
a x+cax tnn+vaxv
Proposed R#CGH MFP Solution
Ricoh MP W36 01
Standard Features:
6.4 pages per minute(D-Size)
Maximum Original/Copy size 36"x 690"
160 GB HDD
HDD Data Encryption—encrypts data on the HDD so data is secure,even if stolen
Data Overwrite Security System—overwrites latent data on the system's hard drive after
copy,print and scan activity
Options included.
One-Roll Paper Feed Drawer(Type 3601A)
Roll Holder Type A—for quick change of paperro/l sizes
Printer Option(Type 3601A)
Scanner Option (Type 3601A)
File Format Converter—for document portability
VM Card
USE!2.0 1SD Slot(Type E)-for"scan to"and`print from"media functions
WCOH Promotional PPICing
Ricoh MP W3601 as equipped above $196.69 60 month FMV lease
$240.98 46 month FMV lease
Full Maintenance Covers all toner, parts, labor, and service necessary to keep +
your equipment in like new condition. Provides a guaranteed service response
time not to exceed four hours, and free same day loaners if needed.
$0.074 per linear foot
CITY RECORDER Page 1 / 1
�. CITY OF
ASHLAND DATE PO NUMBER'
20 E MAIN ST. 3/13/2012 10739
ASHLAND, OR 97520
(541)488-5300
VENDOR: 011717 SHIP TO: Ashland Planning Department
ASSOCIATED BUSINESS SYSTEMS, AMERICAN ( (541)488-5305
7440 SW BONITA RD 51 WINBURN WAY
PORTLAND, OR 97224 ASHLAND, OR 97520
FOB Point: Req.No.:
Terms: Net Dept.:
Req.Del.Date: Contact: April Lucas
Special Inst: _ Confirming? No
" Quanb I Unit - � � - ".;- ":.: Descri tiori :.:' �� - -Unit Price Ext.Price
Ricoh MP W3601 - Planning 100.00
Digital Wide Format-60 Month Rental
(4) Months - March to June 2012
Maintenance $0.074 per linear foot of
usage
SUBTOTAL 100.00
BILL TO:Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTALI 100.00
ASHLAND, OR 97520
Account Number, , Project Number Amount Account Number'"':J- : Project Number Amount `
E 110.09.27.00.60110 25.00
E 110.09.28.00.60110 25.00
E 690.11.06.00.60110 50.00
-y/ G
Authorized Signature VENDOR COPY
-FO RM #3 CITY OF
A request for a Purchase Order ASHLAND
REQUISITION Date of request: 3/vzolz
Required date for delivery:
Vendor Name ASSOCIATED BUSINESS SYSTEMS(Vendor#011717)
Address,City,State,Zip 7440 SW BONITA RD
Contact Name&Telephone Number PORTLAND,OR 97224
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Written findings attached
❑ 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#
❑ Verbal/Written quote(s)or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract#
GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract
5 00 to 100 000 E] Written quote or proposal attached Agency
(3)Wntten quotes attached ❑ Special Procurement Contract#
PERSONAL SERVICES ❑ Written Findings(Form #9 attached) Intergovernmental Agreement
$5.000 to$75,000 ❑ Written quote or proposal attached ❑ Agency
❑ Less than$35,000,by direct appointment Date approved by Council: Date Original contract approved by Council:
❑ (3)Written proposals attached I Valid until: Date (Date)
Description of SERVICES Total Cost
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
4 MONTHS MAINTENANCE COST—Ricoh MP W3601 $100.00
[$0.074 per linear foot of usage]
TOTAL COST
56 Per attached quotelproposal
Project Number______-_— Account Number: 110.09.27.00L602240-(25%) $100.00
6r/�p
(c;t r r c—t-
Account Number: 110.09.28.00.12210(25%) Account Number: 690.11.06.00.602210150%)
'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:
f ITD' ctor Date Support-Yes/No
By signing this requisition form,I certify that the City's public contracting requirements hav t en s_atis�fied
Employee Signature: vA Department Head Signa` re:
___L___,( qual to or greater than$5,000)
Additional signatures(if applicable):
Funds appropriated for current fiscal year:. YES / NO
Finance Director-(Equalto orgreaterthan$5,000) Date
Comments:
Form#3-Requisition