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Home My WebLink About2009-216 Agrmt - Associated Business Systems .....:... Associated Portland - Salem - Eugene - Roseburg Seattle - Tacoma - Klamath Falls Grants Pass - Medford - Bend - Spokane rev9/Q7 Customer PO # MAINTENANCE AGREEMENT , ~t Jl~ C;:CY); 1111.>)(1 ~~ Zhl;~ ee q-;6ZO City: State: .Zip: Phone: Fax: Customer Contact: Email Address: ABS Customer # 'CU'1tJ>mer'~h;p' ,TCJ: '. . :< -- '-:'" ., 1 City of Ashland Police Department Customer Name: 1155 East Main Street Street Address: Ashland City: OR 97520 Zip: State: 541-482-5211 541-488-5351 Fax: Phone: Gail Rosenberg Customer Contact: rosenbeo@ashland.or.us Email Address: ma.nl"enance Agreemenl" -.;overage: For an annual, quarterly or monthly base d1arge plus overage d1arge, if any, ABS' factory trained personnel will render service on the belO'N listed equipment during regular business holJS in accordance with the terms and conditions set forth on Ihe front and reverse side of this Agreement. 2 MODEL SERIAL NUMBER Service 10 Start Meter Image Base Charge Overage Charge Allowance (Per Image) Ricoh MP C2050SPF V2295600569 L8280 0 $ - $ 0,01000 Color Meter Allowance 0 $ $ 0,08000 - Comments: Maintenance Agreement rates per OETC Contract #062007 for non-members 1.) 2,) Base Charge and Overage Billing Cycle: Agreement Term: Consumables Coverage: BB$f1 Billing - Select 000 Option Overage Billing in AtTe8r.s Term - Select One Option Select AI! tha/Apply (" Quarterly Base Billing Select One Opl/on r 60 MJnths (i' BLACK Toner Inclusive Coverage (" MJnthly Base BiDing r Quarterly r 48 Monlhs r BLAO<.Toner!\ON - Inclusive Coverage r Annual Base BlUing r. Monthly'- r 39 Monlhs (." COLOR Toner Inclusive Coverage (i" 36 MJnths c;- Other No base r Other r Other r OOLOR Toner f\ON - Inclusive Coverage r. [)"um Inclusive Coverage U Customer Agrees to pay an additional $19.95 per month per mad1lne for initial Network Install and r NON - Drum hclusive Coverage unlimited IT Service Labor. IT Service Labor covers on-site and phone support for the equipmenl covered under this Agreement. IT Service labor and Network Installs are conducted In accordance with the Terms and Conditions set forth In this Agreement and stated herein and on the reverse side hereof. Agreement Start Date I k;L Customer agrees to pay $39.95 per month for Q Customer agrees to pay for automated meter @RemoteThtautomaticmelercollectionservices. Up co acion services per device. $0.99 per device 10100 device metern collected at no additional fee. will be charged per billilng cyde. Agreed total 1dordJtIDqIY_ number of device meters to be collected: Agreed total fee: 4 ThIS Mamtenance Agfeement Is non-refundable, non-transferable Bnd non-cancelable. This Agreement shall not be effective unless signed by customer and Associated Business System's Contract Management C.ustomer Acceptance: M.;4. , ~. '"L '00); 7 Signature U Data OI#U4r<J "(~~" /(mSI$irt(',. Printed Name Kenne Horton ABS Sales Representative Medford Branch Accepted By ASS Contract Management Date Phono 503-24+4800/800-567-4807 Fax 503-244-1015/877-505-0280 WNW.associatedbusiness.com 1 hlMlread and ulld8f'llalld ourobligalionsunderlhet8mllelldcondilioml staled herein end onlhe 'IMll1Ie.idehereol.81lheonlyagreemenlpertalnlnglolheequipmenlhereunder.Naatt>MAgreernenls .pply unl....exp.....1y r.oted on the lace aflhll Ag,eemenl Of m olhlr ccntracts.peclfl.ed. MAINTENANCE AGREEMENT rav9107 Terms and Coodilions l. GItI'<ltRAL lkon OP' COVl!RAGIt: This Agreement covers for adjustments. repair and 10. TERM: This Agreement becomes effective upon thll dale indicated in the ~Agreement SWI replacem'..",,,,"'ofpans as required by normal use ofth8 equipment, subject to the exceptions in and Date~ space thereon, and shall continue for the period as specified on the face of this Agreement. in accor'dance with these terms and conditions. This Agreement does not cover charges for Unless CUstomer furnishes ABS with thirty (30) days advance written notification of their desire to installation of equipment 0/" de-installation of equipment if it is moved. Damage to the equipment cancel this Agreement it will automatically renewed for a period of one YeM once the specified term or its parts arising out of oc caused by misuse, abuse, negligence, attachment of unauthorized has been exceeded components, accessories or parts, use of substandard paper or substandard supplies or other causes beyond the control of ABS are not covered by this Agreement and may subject Customer to a surcharge or to cancellation of this Agreement. In addition, ABS may terminate the Agreement if the equipment is modified, damaged, altered or semced by personnel other than the ABS Authorized Personnel. or if parts, accessories or components not meeting machine specifications are fitted to the equipment. This Agreement does not cover charges for repairs to print controllers or repairs due to Customer Or third party modifications to software or hardware. 2. SERVlCE CALLS: Service calls under this Agreement will be made during normal business hours, 8 a.m. to 5 p.m. Monday through Friday, at the installation address shown on the revesoe side of this Agreement. Travel and labor time focselVice calls after normal business hours, on weekends and on holidays, ifandwhen available, will be charged at the published overtime ra tes in effect at the time the selVice call is made. ABS Representatives will not handle, disconnect or repair unauthorized attachments oc components; Cu!>tomeo- is responsible for diswnnecting and reconnecting unauthorized attachments OT components. Customer hereby indemnifies and hold! ASS and its Representatives harmless for claims for damages to any unauthorized parts, components or accessories resulting from service performed on ABS equipment. Labor performed during a service call includes lubrication and cleaning of the equipment and theadju stment,repair or replacement of parts described below. 3. UNLIMITED I.T. SERVlCIl LABOR: h THIS OPTIONAL Sl!:RVICK HAS DEEN SEI,ECTED AND PAID FOR DY THE CUSTOMER IT INCI,UDESj All network labor directly related to the equipment listed on this agreement. Q}.T. Services Labo'" shall bo defined as the following relating to Scanning, Printing, or other networked functions of the equipment: Basic initial network installation (If not ineluded in pun:hasellease of equipment listed above), installing/updating drivers, adding new workstations for networked functions, re-installing network connections if customer's network fails, troubleshooting as it relates to errors caused by the equipment (not the customer's network). Services will only be enlisted after an ABS equipment technician determines thai a network issue. not the machine itself, causes the error. Any services performed outside of the limits of the definitions above (ex: network consulting nol related to the equi pmenl above) will be chargeable to the customer at a rate ofS99/hour. ThisOptionall.T. Service is only available for Agreements with a term that is 36 months or greater. 4. REPAIR AND REPLACEMENT OF PARTS: All parts necessary to the operation of tho equipment, duo to nonnal wear and tear, witb the exception of tho parts Hsted below and subject to the general scope of coverage, wiIJ be furnished free of charge during a service call included in the maintenance semce provided by this Agreement. Exceptions are PhOlOCOnductors (Le. copy drums unless the copier or fax is covered by a Full Coverage Maintenance Agreement) unless otherwise slated in this Agreement ABSreserves the right to charge for paru, freight, handling and fuel. S. RECONDITIONING: Rebuilding or major overhauls are not covered by this Agreement. In addition, when in its sole discretion ABS determines that a reconditioning is necessary, asa result of expected wear and tear of materials and age factors caused by normal office environment usage, in order to keep tho equipment in worIcingcondition, ABS will submit to the Customer an estlmateofneeded repairs and their cost which will be in addition to the chargo payable under this Agreement. If the Customer does not authorize such reconditioning, ABS may discontinue semce of the equipment under this Agreement (refunding tbe unused portion of the maintenance charge) or may refuse to renew this Agreement upon its expira.tion. Thereafter, the ABS Representative may makoservice available on a "Per Call" basis based upon publish edratesin effect at the time ofseJVice. 6. USE OP' ADS SDPPLIRS: If the Customer uses other than ABS supplies and if such supplies are defective orunacceptahle for uses in ABS machines and cause abnormally frequent servi ce calls or service problems, then ABS may, at its option. assess a surcharge or terminate this Agreement. In this event, the Customer may be offered service on a ''Per Call~ basis based upon published rates. It is not a condition of this Agreement, howcveo-, that the CUstomer use only ABS authorized supplies. 7. SUPPI,Y [NCLIlSNIt CONTRACTS: If supplies are included in the service provided under this Agreement, ABS will supply black toner, ink and d~e1oper-, unless otherwise stated in this Agreement to tho Customer based upon normal yield!. The Agreement does not include consumable supply items SIlch as paper and staples. All normal print yields are predicated on an ~8 ~ x II" sbeet with 5% text coverage, Iflhe Customer's usage of supplies exceeds the normal yields for the equipment being semced, ASS will invoice and the CUstomer agrees to pay, for the exccss SIlpplies at ABS' current retail prices then in effect. ABS reserves the right to ch argefor SIlpplies, freight, handling and fuel. \' 8. EUCTRICAL: In Older to insure optimum performance by the ABS llljuipment, it is mandatory that specific models be plugged into a dedicated Hne and they must comply with manufacturer electrical specifications. These power standards are required by UL and/or local safety regulations. 9. CH,utGItS: The initial non-refundablc clwgc for- maintenance under this Agreement shall be the amounl set fonh on the reverse side d this Agreement ABS rcsenres th" righlto increase the Base Charge and Ovelage Charge of this agreernentuponrenewal or annually for a multi-year a~ment Cu!<tomer shall pay all clwgcs within 10 days of invoicing. If a collection matteo- occurs, customer agrees to pay coun costs and any reasonable attomeys fees. lnterestwillbe charged at I % % per month after thirty (30) days on any unpaid balance. ABS reserves the right to withhold semce oc cancel this Agreement if a customer's account is over sixty (60) days delinquent. If equipment is moved to a new ADS service territOfy, ABS shall have the option to charge, and the CuslOrner agrees to pay the difTerence in published mainlenance c hargesbetween the currentterritolY and the new territory (on a pro-rate basis). Ifequiprnentismovedbeyond ABS's service territolY, ABS reserves th" right to cancel or the Cu!<tomer agrees to pay a fair and reasonable up-duuge for continued service, taking into account the distance to Customer's new location and the published rates of ABS for service on a UPer Call~ basis. ABS reserves the right to charge foc shipping, freight, bandlingand fuel. ABS ieservesthe righl to charge for scans annually ata rate ofSO.OO2S per scan. 11. EVENT OF DII.FAULT AND TERMINATION: The occurrence of the following shall constitute an Event of Default; The customer fails to pay any portion of the charges for maintenance of parts, as provided under the Agreement when due, or Customer fails to duly perform any covenant, condition of limitation of this Agreement. Upon the Event of Default, ABS may; (I) refuse to semce the equipment; (ii) furnish service on C.O.D. '.Per Cull" basis based upon published rates in effect at the time of service; (iii) terminate this Agreement. Within 60 days of the expiration or termination of this Agreement, ABS shall submit to Customer an itemized invoice for any fees of expenses, including any Per Call fees, theretofore accrued under this Agreement. Except as otherwise provided herein. Customer, upon payment of accrued amount so invoiced, sha/I thereafter have no further liability OT obligation to ABS whatsoever for any further fees or expenses arising hereunder. In the event ADS terminates the Agreement because of the breach of Customer, ABS shall be entitled to payment for- worlrin progress plus reimbursements for out of pocket expenses 12. lNDII.Ml'flTY: Cu!>tomer sball indemnify, save and bold ABS, it's affiliates. officers, directors, shareholders, employees, agents and representatives and their successors and assigns them (ABS Parties) harmless from and again!<t any liability, loss, cost, expense or damage whatsoever caused by reason of any breach of this Agreement by Customer or by reason of any injury whether to body, property,business, character or reputation sustained by ABS Parties or to any 0 therpersonbyrenson of any act, neglect, omission or default by Customer. Customer shall defend any action to which this indemnity shall apply. In the event Customer fails to defend such action ADS may do so and recover from Customer in addition, all costs and expenses includingattomey's fees in co nnectiontherewith. ABS shall be entitled to recover from Customer all costs and expenses, including, without limitation. attorney's fees and disbursements, incurred by ABS in connection with actions taken by ABS or ii's representatives (1) to enforce any provision of this Agreement; (ll) to affect any payments or collections provided for herein; (III) to institute, maintain, preserve, enforce and foreclose on AB S' security interest in or lien on the goods, whether throughjudiciai proceedings or otherwise; or (IV) to defend or prosecute any proceedings arising out of or relating to any ABS transactions with Customer. The foregoing provisions of this Paragraph II shall wmve the termination or expiration of this Agreemeol. 13. F'uL1, AGRUMltNT: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supercedes all prior agreements, understandings, negotiations and discussions, whetherorai or written, of the parties, and may not be added to, modified, supplemented or waived in any way except in writing signed by both parties (olher than pricing changes provided for herein). 14. SuccEssoRa ANI) ASSIGNS; TERMlNATIONl This Agreement shall be binding on the parties hereto, their heirs, successors. and assigns. However, CUstomer may not assign this Agreement without the consent ofABS. 15. SEPARADII,ITY OP' PROVlSlONSl Each provision of this Agreement shall be considered separable, and, if for any reason any provision that is not essential to the effecmation of the basic purposes of this Agreemenl is determined to be invalid and contrary to any existing oc future law, such invalidity shall not impair the operation of or affect those provisions of this Agreement that are valid. 16. COUNTERPARTS ANI) FACSIMILE SIGNATURI!S: This Agreement may be exocuted in several counterparts, eacb of which shall be deemed to be an original and all of which together shall constitute one Agreement binding on all parties hereto, notwithstanding that all the parties have not signed the same counterpart. A faxed signature of this Agreement bearing authorized signatures may be treated as an original. 17. WAIVER OF JURY TRIAL: ALL PARTIES HERETO HEREBY IRREVOCABLY WAIVE (a) TIfE RIGlIT TO TRIAL BY JURY; AND (b) TIlE RIGHf TO INfERPOSE ANY AND ALL COUNTERCLAIMS IN ANY ArnON, PROCEEDING OR CLAIM ARISING OlIT OF OR PERTAINING TO TIllS AGREEMENT. IS. JURISDICTION: All parties hereby consent and voluntarily submit 10 personaljurisdictioo in the State of Oregon and in the courts in such Slate located in Washington County in any proceeding arising out of or relating to this Agreement. 19. lIold Harmless: In no event shall ABS be liable fO/" any damages whatsoever, including withoutlirnitstion,special,incidental,conSCQuentiai,orindirectdamagesforpersonalinjury,lossof business profits, business interruption, loss of business information arising out of or inability to use this product ASS is not liable for any claim made by a third party or made by you for a third party. The Customer aclrnowledges that the service coverage is such that the equipment may continue to provide copies but not function asa printer. The Customer shall be liable for these types of repairs unless covered bya network connectivity mainlenanceagreement. Specifically, this Agreement is applicable to print volume only services and excludes help desk support, network support. software application support and any other connectivity SlIpportservices. 20. FORC" MA.rRURII.: ABS shall not be liable to Customer for any failure or delay caus.ed by events heyond ABS' control, including, without limitation, Customer's failure to furnish necessary information; sabotage; failure or delays in transportation or communication; boycotts; embllf1lOC'l; failures or substitutions of equipment; labor disputes; accidents; shortages of labor, fuel, raw materials, machinery, or equipment; technical failures; fire; stOrnl; flood; earthquake; expl~on; aels of the public enemy; war; insurrection; riot; public disorder; epidemic; quarantine restri ctionS;actsof God; acts of any government or any quasi-governmental authority, instrumentally or agency. 21. NO WARRANTY: ABS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, lNCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TECHNICAL COMPATABILITY, FITNESS FOR USE, OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT ABS IS NOT RESPONSJBLE FOR DIRECT, INCIDENTAL OR CONSEQUEmlAL DAMAGES INCLUDING, BlIT NOT LIMITED TO, lHE LOSS OP USE OF TIlE EQUIPMENT. 22, INsURANCI\: Customer shall obtain and maintain, at it's own expense. illSUTltl1ce relating to claims for inju!)' and/oc property damage (including commercial general liability insurance) based on its use of the equipment, goods and machinery. ~A' CITY RECORDER Page 1/1 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 .:i&::ul.l'!ElJ.iTE~,ml 8/19/2009 U1?'iFF01r'fl!Jr~rBERld~ 09171 VENDOR: 011717 ASSOCIATED BUSINESS SYSTEMS, AMERICAN ( 7440 SW BONITA RD PORTLAND, OR 97224 SHIP TO: City of Ashland - Police Dept. 1155 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: Contact: Gail Rosenberll Confirming? No ~'.:lOuar;i~J:"<ij ~~lurliL~j ~."""'~' -::;, .:.::; ~, _ ;,;, -:~ r:: 'c'_ ,_ ,-'".' ',"_;';;,.", :rere~criDtion~~;~h-';;;:C1"=j__'. ." { .Jlr THIS IS A REVISED PURCHASE ORDER Ricoh SP C2050SPF, Copier Maintenance, BlackIWhite @ $0.01, Color @ $0.08 - 36 Month Rental Agreement Note: Ricoh MP C2050SPF (PO 09237) replaced Ricoh SP C420DN .'-. "",t:Ji [~.LnrffiK~Fic~~~::;1l-~_,jExt;~PfiEe:.=~. ~j 600.00 JILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 k~~/A:cC9irntjNumben'::~:-:'- ~~1j~~Oject1",i.J"mHer":'~~~=~~ ~"~.\~]~JnounT.~:'~~,-.~ ~.t~~c9iJrjtrnl."nDer~f.~ l;~ ':,TP-fOje_ctiN-u-mb_eIL<~:2~ G~'_i. Jgmount~] SUBTOTAL TAX FREIGHT TOTAL 600.00 0.00 0.00 600.00 E 110.06.11.00.60110 600.00 /:...--, .r // '//4/Y/ ((jf/; '-- ~ Authorized Signature VENDOR COPY A requifst for a Purchase Order REQUISITION FORM CITY OF ASHLAND Date of Request: THIS REQUEST IS A: o Change Order(existing PO # Required Date of Delivery/Service: Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name SOLICITATION PROCESS l:::rnall Procurement D Sole Source D Invitation to Bid ~ ~ess than $5,000 D Written findings attached (Copies on file) Quotes (Optional) D Quote or ProDosal attached Coocerative Procurement D Reauest for ProDosal D State of ORJWA contract (Copies on file) Intermediate Procurement D Other government agency contract D Soeciall Exemot D (3) Written Quotes D Copy of contract attached D Written findings attached (Copies attached) D Quote or Prooesal attached D Contract # D Emeraencv D Written findings attached D Quote or Prooosal attached Description of SERVICES ;U."~/" "oJ- ' '-13~-,- ~.~ ~p<9()~ C tn tH- O Per allached PROPOSAL c;t:? {.. t!.P;(,. C41 P e;z..o.:;;- c) 'Sp F Total Cost /ftt~;/ 'rt:1!/l!iJif: . -<-' ,_ ......,,1._ ","'. ',!,}}~ _ ~ :J .I't',/ , 4 ,:. >,"i ,..1 ",.. _'J Item # Quantity Unit Description of MATERIALS Unit Price Total Cost '-"r.;;- "~T "~ ~m. - ;-< 1-" ili~;'fA~~COSili,,;.~ 0 Per attac h ed QU OTE { .!;'~.'-;;'~i1Z;,li:j;1 l-' ','(0. .l....> ~~.,;:' -,;" 'oj.',-'" f.-oJ"'" "1 Proj ect N u m ber - - - - - - - .. - - ~L';'~l~fti!'g,"'~ Account Number Jf()C(;. iL .to.@jf/KJ 'Items and services must be charged to the appropriate account numbers for the financials to refiect the actual expenditures accurately, Employee Signature: SupervisorlDept. Head Signature: G: Finance\ProcedureIAP\Forms\8_Requisition form revised.doc Updated on: 8/1312009